contract: osr-01/2019...online and mobile transaction for dmrc smart card recharge contract:...

REQUEST FOR PROPOSAL (RFP) DOCUMENT

Selecting Third party websites/ Mobile app for

online and mobile transaction for DMRC smart card

recharge

Contract: OSR-01/2019

DELHI METRO RAIL CORPORATION LTD.

Metro Bhawan, Fire Brigade Lane,

Barakhamba Road, New Delhi –110 001


Page 1 of 92

DISCLAIMER

This request for proposal (RFP Document) for “Contract OSR-01/2019: Selecting Third

party websites/ Mobile app for online and mobile transaction for DMRC smart card

recharge” contains brief information about the Scope, the Qualification/ eligibility

Requirements and the Selection process for the successful Bidder. The purpose of the RFP

document is to provide Bidders with information to assist the formulation of their bid

application (the „Application”).

The information („Information‟) contained in this RFP Document or subsequently provided

to interested parties (the “Bidder(s)”), in writing by or on behalf of Delhi Metro Rail

Corporation Ltd. (DMRC) is provided to the Bidder(s) on the terms and conditions set out in

the RFP Documents and any other terms and conditions subject to which such information

is provided.

This RFP Document does not purport to contain all the information that each Bidder may

require. This RFP Document has been prepared with a view to provide the relevant

information about the Project available with DMRC and has not been prepared keeping in

mind the investment objectives, financial situation and particular needs of each Bidder. The

DMRC advises each Bidder to conduct its own investigations and analysis and satisfy itself

of the accuracy, reliability and completeness of the information in this RFP Document and

to obtain independent advice from appropriate sources. The DMRC, its employees and

advisors make no representation or warranty and shall not be liable in any manner

whatsoever as to the accuracy; reliability or completeness of the information provided in

this RFP Document.

This RFP may not be appropriate for all persons, and it is not possible for DMRC, its

employees or advisors to consider the investment objectives, financial situation and

particular needs of each party who reads or uses this RFP. The assumptions,

assessments, statements and information contained in the Bidding Documents may not be

complete, accurate, adequate or correct. Each Bidder should, therefore, conduct its own

investigations and analysis and should check the accuracy, adequacy, correctness,

reliability and completeness of the assumptions, assessments, statements and information

contained in this RFP and obtain independent advice from appropriate sources.

Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of

which may depend upon interpretation of law. The information given is not intended to be

an exhaustive account of statutory requirements and should not be regarded as a complete

or authoritative statement of law. DMRC accepts no responsibility for the accuracy or

otherwise for any interpretation or opinion on law expressed herein.

Intimation of discrepancies in the RFP Document, if any, may be given, by the Bidders, to

the office of the DMRC, immediately, by the Bidders. If DMRC receives no written

communication, it shall be deemed that the Bidders are satisfied with the information

provided in the RFP document.

Any character or requirement for the Project, which may be deemed to be necessary by the

Bidder should be independently established and verified by the Bidder.


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This RFP Document is not an agreement and is not an offer or invitation by DMRC to any

other party. The terms on which the Project is to be developed and the right of the

successful Bidder, shall be as set out in separate agreements executed between DMRC

and the successful Bidder in the format broadly set out herein. DMRC may in its absolute

discretion, but without being under any obligation to do so, update, amend or supplement

the information, assessment or assumptions contained in this RFP.

DMRC, its employees and advisors make no representation or warranty and shall have no

liability to any person, including any Applicant or Bidder under any law, statute, rules or

regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,

damages, cost or expense which may arise from or be incurred or suffered on account of

anything contained in this RFP or otherwise, including the accuracy, adequacy,

correctness, completeness or reliability of the RFP and any assessment, assumption,

statement or information contained therein or deemed to form part of this RFP or arising in

any way for participation in this Bid Stage.

DMRC also accepts no liability of any nature whether resulting from negligence or

otherwise howsoever caused arising from reliance of any Bidder upon the statements

contained in this RFP.

DMRC may in its absolute discretion, but without being under any obligation to do so,

update, amend or supplement the information, assessment or assumptions contained in

this RFP.

DMRC reserves the right to accept or reject any or all Applications without giving any

reasons thereof. DMRC will not entertain or be liable for any claim for costs and expenses

in relation to the preparation of the documents to be submitted in terms of this RFP

Document.

The Bidder shall bear all its costs associated with or relating to the preparation and

submission of its Bid including but not limited to preparation, copying, postage, delivery

fees, expenses associated with any demonstrations or presentations which may be

required by DMRC or any other costs incurred in connection with or relating to its Bid. All

such costs and expenses will remain with the Bidder and DMRC shall not be liable in any

manner whatsoever for the same or for any other costs or other expenses incurred by a

Bidder in preparation or submission of the Bid, regardless of the conduct or outcome of the

Bidding Process.

The word “Bid” and “Tender” is used interchangeably in the document.


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Content

S.No. Content Page No.

1. Project Background 4-8

2 Notice Inviting Tender 9-15

3 Instruction to Tenderer including schedule 16-38

4 General Terms and Conditions 39-51

5 Scope of Work 52-66

6 Form of Tenders and its Annexure 67-93


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SECTION 1

PROJECT BACKGROUND


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PROJECT BACKGROUND

1. Introduction

Delhi Metro Rail Corporation (DMRC), a joint venture of the Government of India

(GOI) and the Government of the National Capital Territory of Delhi (GNCTD)

implementing the Delhi Metro Rail Projects.

1.1. Delhi Metro Rail Corporation Ltd. (DMRC) has implemented Automatic Fare

Collection system (AFC) for the Phase-I ,II & III system. Phase-I, Phase-II & Phase-

III consists of 9 lines with 232 operational stations:

Line Section No of Station

1 Dilshad Garden – Rithala 21

2 Huda City Centre – Samayapur Badli 37

3 Noida City Centre – Dwarka Sec 21 44

4 Yamuna Bank – Vaishali 08

5 Inderlok –Kirti Nagar – Brigadier Hoshiar Singh 24

6 Kashmiri Gates – Raja Nahar Singh 34

7 Majlis Park-Mayur Vihar PK-I, Trilok puri –Shiv Vihar 40

8 Janakpuri West- Botanical Garden 25

9 New Delhi – Dwarka Sec -21(Airport Express) 6

Total 239

1.2 Implementation of Phase-IV of the Mass Rapid Transport System (MRTS) for

Delhi/NCR consists of more than 100 stations.

1.3 The Phase-III network comprises of following sections to be opened soon:

Line No Section No of stations

Line 1 (Ext) Dilshad Garden-New Bus Adda 9

Line 3 (Ext) Noida City Centre-Noida Electronic City 7

Dwarka –Dhansa Bus Stand 4

Total 20

1.4 The approx. average daily ridership on Delhi Metro is over 28 lac, out of which at

present more than 70% commuters are smart card users.


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1.5 Presently, cards are issued from the metro stations from manned Ticket Office

Machines. At the time of entry, the card is presented by the passenger at

reader/writer of the Automatic Gate. The Gate allows entry to passenger to paid area

of the stations. At the exit, the fare is deducted from electronic value stored in the

card and passenger is allowed to exit from the station. Currently more than

150,00,000 cards are in circulation.

1.6 Total 2,50,000 (Avg) number of Cards having Add Value Transaction per day.

1.7 The distribution of add value transaction by online and mobile means ( for the period

Oct 2017 to Sept 2018 is as under:

Transaction value Number of Transactions Volume of transaction (in Rs)

Rs 100-2000 1,36,91,203 3,22,49,97,042

1.8 DMRC is using state-of-art devices for Automatic Fare Collection (AFC) System

through Contactless Smart Cards (CSC) and Contactless Smart Tokens (CST) for the

commuters. In case of single journey, the passenger exchanges cash for a token at

the designated ticket issuing counter at Metro stations called Ticket Office Machine

(TOM) office to enter the paid area. In case of multiple journeys where a passenger

desires to perform different journeys on same day or different dates from different

stations, DMRC issues a CSC. Initially Rs 150 (Configurable parameter) (Rs 100

cash+ Rs 50 security) is loaded into the card at the TOM office against cash payment.

This is designated as stored value in the card. This stored value resides on an

electronic chip, and as and when a passenger performs journey on the Metro using

this card, the stored value gets deducted from the card at Automatic Gates (AG) to

the extent of journey performed. The AFC System permits multiple journeys from the

card as long as the stored value is greater than the minimum fare fixed by DMRC. If

the stored value becomes less than the threshold, the card will have to be topped-up

by paying money in cash at TOM or electronically to enable journeys on the Metro

Railway network.

1.9 In the past years, DMRC has already launched couple of other measures to facilitate

easy top up of smart cards to avoid queues and save time at stations. This includes

option of Card Top up using Cash/Credit/Debit card at Counter, PPI, Credit/Debit/Net

Banking using dmrcsmartcard.com; SMS Top up; Automatic Top up on Combo card

through giving standing instructions to Bank.

Procedure for availing existing services are given below:

I. Web Top up

To avail Web Top up user need to


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a. User will go to DMRC site i.e. dmrcsmartcard.com or official site.

User can either create his account and recharge or select Quick Top

Up.

b. User can create his/her account by giving his information like Name,

Engraved Id of DMRC Smart Card, email address and Password. To

create/generate his/her account user can view their all transaction

which was done through web.

c. Users who have not registered themselves can also do Add Value in

their cards by using “Quick Top Up”.

d. Then, select the option for payment like net Banking , credit

card/debit card/net Banking etc.

e. After selection, make the payment through Payment Gateway using

Credit/Debit/Pre Paid Cards/Net Banking. Currently only Credit/Debit

Card functionality is under operation.

f. After this, the passenger need to go to one of the Metro stations,

show the Smart Card at Add Value Machine (AVM: White Color

machine) installed near Customer Care Centre of these Metro

stations in order to complete the add value process.

II. SMS Top up:

The SMS is then required to be sent to xxxxxxxxxxx. Once SMS is

processed, passenger will get the confirmatory message from Vendor.

After this, the passenger need to go to one of the Metro stations, show

the Smart Card at Add Value Machine (AVM: White Color machine)

installed near Customer Care Centre of these Metro stations in order to

complete the add value process.

III. Auto Top Up:

To avail Auto Top up facility the Customer needs to complete the

application form for accepting Combo card for debit/credit card as

required. Once the application is approved by ICICI Bank , the Smart

Card will be registered for the auto Top- up facility and linked to the

applied credit card account. Whenever the stored value of CSC goes

below the threshold (Rs.100/-), the AFC system (Samsung Gates) will

top-up transaction for the value (Rs.200/-) as per the mandate given by

the commuter.

IV Through PPI

Currently, approximately 70 percent of the Metro commuters use smart cards.

Approximately 15755 smart cards are sold every day from the various stations of

the network.

1.10 Presently, there are approx 700 Automatic Vending Machines are installed in Phase-

1, 2 & 3 stations. All the cards recharged at website www.dmrcsmartcard.com need to


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present at AVM installed at stations to complete the recharge. DMRC plans to install

additional 700 (approx) AVM covering existing and new stations.

1.11 DMRC plans to create online payment ecosystem through Vendor to motivate smart

card metro users to use online and mobile transaction for smart card as preferred

mode of recharge of contactless smart cards. Vendor should be preferably players

in the field of utility bill payment, e-commerce business etc and will provide third party

websites and/or mobile application.


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SECTION 2

NOTICE INVITING TENDER (NIT)


Page 10 of 92

SECTION 2: NOTICE INVITING TENDER

2.0 Notice Inviting Tenders

Delhi Metro Rail Corporation Limited (DMRC) invites offer from the Online and E-

commerce business players for “Selecting third party website /Mobile app for online

and mobile transaction for DMRC smart card recharge” through open e-tender.

2.1 DMRC invites Bids from eligible participants who may be a body corporate

incorporated and registered in India under the Companies Act, 1956 /2013, duly

registered under the law applicable to such company, (the “Bidders”),

2.2 Deemed Knowledge and Disclaimer:-

2.3.1 DMRC shall receive Bids pursuant to this RFP document, in accordance with the

terms set forth herein as modified, altered, amended and clarified from time to time

by DMRC. Bidders shall submit bids in accordance with such terms on or before the

submission end date. The participating Bidders may visit the Project Site to examine

its precincts and the surroundings at the Bidder‟s own expenses and ascertain on its

own responsibility, information, technical data, traffic data, market study, etc.

including actual condition of existing services.

2.3.2 The Bidder shall be fully and exclusively responsible for, and shall bear the

financial, technical, commercial, legal and other risks in relation to this work

regardless of whatever risks, contingencies, circumstances and/or hazards may be

encountered (foreseen or unforeseen).

2.3 Salient features of Bidding Process:

a) DMRC has adopted a two packet online open e-bidding process for

declaration of a Selected Bidders for Selecting Third party websites/ Mobile

app for online and mobile transaction for DMRC smart card recharge.

b) The details of bidding process are provided in Section 3.

c) Schedule of bidding process for RFP :

Tender Documents Sale From 22.01.2019 to 21.02.2019 (upto 15:00 hrs.) on e-

tendering website

https://eprocure.gov.in/eprocure/app.

Period of Work 3 Years (plus 16 weeks for interface, deployment, testing

and commissioning)

Tender Security amount Amount of tender Security: INR 3,00,000/-


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(Earnest Money Deposit) Payment of tender security is to be made only by RTGS,

NEFT & IMPS. No other mode of payment will be

accepted. The detail of bank account of DMRC is

mentioned below this table. The bidders will be required

to upload scanned copies of transaction of payment

(clearly indicating tender number i.e. OSR-01/2019 in the

remarks or description column) of tender security at the

time of online bid submission, failing which payment may

not be considered.

Cost of Tender Documents

(Non-refundable)

INR 23600/- (inclusive of 18% GST) Non-Refundable

Payment of tender document cost/ tender fee is to be

made only by RTGS, NEFT & IMPS. No other mode of

payment will be accepted. The detail of bank account of

DMRC is mentioned below this table. The bidders are

required to upload scanned copies of transaction of

payment (clearly indicating tender number i.e. OSR-

01/2019 in the remarks or description column of

transaction) of tender document cost/ tender fee at the

time of online bid submission.

Last date of seeking

clarifications

29.01.2019 upto 1700 Hrs (Queries from bidders after

due date shall not be acknowledged)

Pre-Bid Meeting 30.01.2019 at 1100 Hrs

Last date of issuing

amendment, if any

06.02.2019

Date and time of submission of

Tender online

Tender submission start date: 14.02.2019 from 11:00 Hrs

Tender submission end date: 21.02.2019 upto 15:00 Hrs

Date & Time of opening of

Tender (Technical Bid)

22.02.2019 at 15:00 Hrs.

Authority and place of calling of

Tender & Pre Bid Meeting

Chief General Manager/Contracts,

Delhi Metro Rail Corporation,

5th floor, A-Wing, Metro Bhawan,

Fire Brigade Lane, Barakhamba Road,

New Delhi –110 001

To facilitate payment of tender fee and tender Security through RTGS, NEFT & IMPS, the

details of bank account of DMRC is mentioned below:

Name

of Bank Bank‟s Address

Account Name &

no. Account Type IFSC code

Punjab

National

Bank

ECE House Branch,

Connaught Place, New

Delhi-110001

DMRC Ltd. O&M Expenditure A/C,

1120005800000032

Current

PUNB0112000


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Stage of Activity Time Period

Upfront Money Payment Successful Bidder is required to deposit Upfront money/ Any

other amount required within stipulated time period as

mentioned in LOA. In case successful bidder fails to submit

the same as advised in the LOA within 30 (thirty) days time

period, same can also be submitted with interest as detailed

below:-

(a) Up to 30 days – Nil

(b) 31st to 45th day -2% Flat

(c) 46th to 60th day – 3% Flat

The aforementioned interest is excluding GST and shall be

charged on the balance amount remaining unpaid as per the

LOA, This Upfront money shall be submitted in the form of

Demand Draft/ Pay order/ RTGS/NEFT only in favour of

DMRC Ltd,& payable at New Delhi. Bank details for

RTGS/NEFT the upfront money will be provided later.

After 60th days of issue of LOA if the Bidder fails to comply

with the terms and conditions of LOA, the LOA may be

cancelled and EMD/any other amount submitted may be

forfeited by DMRC.

Signing of Contract

Agreement

Within 30 days of receipt of LOA payment

2.4 The bidders are advised to keep in touch with e-tendering portal

https://eprocure.gov.in/eprocure/app for updates. The Letter of Acceptance to the

successful bidder shall be uploaded on procurement portal which can be downloaded

by the successful bidder. For any complaints tenderers may contact CVO DMRC at 1st

floor A-Wing, Metro Bhawan, Fire Brigade Lane, Barakhamba Road, New Delhi –

110001, Tel:011-23418406, Email: [email protected].

http://eprocure.gov.in/eprocure/app

Tel:011-23418406

mailto:[email protected]


Page 13 of 92

Instructions for Online Bid Submission:

The bidders are required to submit soft copies of their bids electronically on the CPP Portal,

using valid Digital Signature Certificates. The instructions given below are meant to assist

the bidders in registering on the CPP Portal, prepare their bids in accordance with the

requirements and submitting their bids online on the CPP Portal.

More information useful for submitting online bids on the CPP Portal may be obtained at:


REGISTRATION

1) Bidders are required to enroll on the e-Procurement module of the Central Public

Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the

link “Online bidder Enrolment” on the CPP Portal which is free of charge.

2) As part of the enrolment process, the bidders will be required to choose a unique

username and assign a password for their accounts.

3) Bidders are advised to register their valid email address and mobile numbers as

part of the registration process. These would be used for any communication from

the CPP Portal.

4) Upon enrolment, the bidders will be required to register their valid Digital Signature

Certificate (Class II or Class III Certificates with signing key usage) issued by any

Certifying Authority recognized by CCA India (e.g. Sify / nCode / eMudhra etc.),

with their profile.

5) Only one valid DSC should be registered by a bidder. Please note that the bidders

are responsible to ensure that they do not lend their DSC‟s to others which may

lead to misuse.

6) Bidder then logs in to the site through the secured log-in by entering their user ID /

password and the password of the DSC / e-Token.

SEARCHING FOR TENDER DOCUMENTS

1) There are various search options built in the CPP Portal, to facilitate bidders to

search active tenders by several parameters. These parameters could include

Tender ID, Organization Name, Location, Date, Value, etc. There is also an option

of advanced search for tenders, wherein the bidders may combine a number of

search parameters such as Organization Name, Form of Contract, Location, Date,

Other keywords etc. to search for a tender published on the CPP Portal.

2) Once the bidders have selected the tenders they are interested in, they may

download the required documents / tender schedules. These tenders can be

moved to the respective „My Tenders‟ folder. This would enable the CPP Portal to

intimate the bidders through SMS / e-mail in case there is any corrigendum issued

to the tender document.

3) The bidder should make a note of the unique Tender ID assigned to each tender,

in case they want to obtain any clarification / help from the Helpdesk.

https://eprocure.gov.in/eprocure/app



Page 14 of 92

PREPARATION OF BIDS

1) Bidder should take into account any corrigendum published on the tender

document before submitting their bids.

2) Please go through the tender advertisement and the tender document carefully to

understand the documents required to be submitted as part of the bid. Please note

the number of covers in which the bid documents have to be submitted, the

number of documents - including the names and content of each of the document

that need to be submitted. Any deviations from these may lead to rejection of the

bid.

3) Bidder, in advance, should get ready the bid documents to be submitted as

indicated in the tender document / schedule and generally, they can be in PDF /

XLS / RAR / DWF/JPG formats. Bid documents may be scanned with 100 dpi with

black and white option which helps in reducing size of the scanned document.

4) To avoid the time and effort required in uploading the same set of standard

documents which are required to be submitted as a part of every bid, a provision of

uploading such standard documents (e.g. PAN card copy, annual reports, auditor

certificates etc.) has been provided to the bidders. Bidders can use “My Space” or

„‟Other Important Documents‟‟ area available to them to upload such documents.

These documents may be directly submitted from the “My Space” area while

submitting a bid, and need not be uploaded again and again. This will lead to a

reduction in the time required for bid submission process.

SUBMISSION OF BIDS

a) Bidder should log into the site well in advance for bid submission so that they can

upload the bid in time i.e. on or before the bid submission time. Bidder will be

responsible for any delay due to other issues.

b) The bidder has to digitally sign and upload the required bid documents one by one

as indicated in the tender document.

c) Tender fee / Tender document cost: The instrument type for payment of tender

cost/ tender fee is to be done only by RTGS, NEFT & IMPS. No other mode of

payment will be accepted. The bidders will be required to upload scanned copies of

transaction of payment of tender cost/tender fee at the time of bid submission.

d) Tender Security/ EMD: Bidder should submit the EMD/Tender Security as per the

instructions specified in Section 3 Clause 3.10 of RFP.

e) Bidders are requested to note that they should necessarily submit their financial

bids in the format provided and no other format is acceptable. If the price bid has

been given as a standard BOQ format with the tender document, then the same is

to be downloaded and to be filled by all the bidders. Bidders are required to

download the BOQ file, open it and complete the yellow coloured (unprotected)

cells with their respective financial quotes and other details (such as name of the

bidder). No other cells should be changed. Once the details have been completed,


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the bidder should save it and submit it online, without changing the filename. If the

BOQ file is found to be modified by the bidder, the bid will be rejected.

f) The server time (which is displayed on the bidders‟ dashboard) will be considered

as the standard time for referencing the deadlines for submission of the bids by the

bidders, opening of bids etc. The bidders should follow this time during bid

submission.

7) All the documents being submitted by the bidders would be encrypted using PKI

encryption techniques to ensure the secrecy of the data. The data entered cannot

be viewed by unauthorized persons until the time of bid opening. The

confidentiality of the bids is maintained using the secured Socket Layer 128 bit

encryption technology. Data storage encryption of sensitive fields is done. Any bid

document that is uploaded to the server is subjected to symmetric encryption using

a system generated symmetric key. Further this key is subjected to asymmetric

encryption using buyers/bid openers public keys. Overall, the uploaded tender

documents become readable only after the tender opening by the authorized bid

openers.

g) The uploaded tender documents become readable only after the tender opening by

the authorized bid openers.

h) Upon the successful and timely submission of bids (ie after Clicking “Freeze Bid

Submission” in the portal), the portal will give a successful bid submission

message & a bid summary will be displayed with the bid no. and the date & time of

submission of the bid with all other relevant details.

i) The bid summary has to be printed and kept as an acknowledgement of the

submission of the bid. This acknowledgement may be used as an entry pass for

any bid opening meetings.

ASSISTANCE TO BIDDERS

1) Any queries relating to the tender document and the terms and conditions

contained therein should be addressed to the Tender Inviting Authority for a tender

or the relevant contact person indicated in the tender.

2) Any queries relating to the process of online bid submission or queries relating to

CPP Portal in general may be directed to the 24x7 CPP Portal Helpdesk.

3) For any Technical queries related to Operation of the Central Public Procurement

Portal Contact at :

Mobile Numbers: 91 7878007972, 91 7878007973, 91 7574889871, 91

7574889874, 91 8826246593 Tel: The 24 x 7 Toll Free Telephonic Help Desk

Number 1800 3070 2232. Other Tel: 0120-4200462, 0120-4001002.

E-Mail: cppp-nic[at]nic[dot]in


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SECTION 3

Instruction to Tenderers (ITT)


Page 17 of 92

GENERAL

3.1.1 DMRC invites online Bids from eligible Bidders in terms of eligibility criteria as

specified in this document for Selecting Third party websites/ Mobile app for online

and mobile transaction for DMRC smart card recharge.

3.1.2 The information submitted in the RFP document will form the basis for evaluating

the Bidders. The Bidders may participate in the Bid process as per the instructions

given in this RFP document.

3.1.3 From amongst the Bidders fulfilling the Eligibility Criteria, as laid down in this RFP

document, the work shall be offered to the Selected Bidder on the basis of

Evaluation Criteria.

3.1.4 The intending Bidder must read the terms and conditions carefully.

3.1.5 Information and instructions for tenderers posted on website

https://eprocure.gov.in/eprocure/app shall form part of tender documents.

3.1.6 The Request for Proposal Document (RFP Document) can be seen and

downloaded from website https://eprocure.gov.in/eprocure/app. RFP document can

only be obtained online after registration on the website

https://eprocure.gov.in/eprocure/app. .

3.1.7 RFP Document can only be submitted after uploading the mandatory scanned

documents towards cost of Bid Documents and towards Tender Security from a

branch in India of a scheduled foreign bank or from a scheduled commercial bank in

India acceptable to DMRC and other documents as stated under Clause 3.15 of

RFP Document.

In case of RTGS/NEFT & IMPS transactions, bidders shall required to upload the

scanned copies of transaction of payment (clearly indicating tender number i.e.

OSR-01/2019 in the remarks or description column) of cost of Bid Documents and

tender security / EMD at the time of online bid submission. The detail of bank

account of DMRC is mentioned in Section 2: NIT clause 2.3 of RFP.

3.1.8 Those tenderers who are not registered on the website

https://eprocure.gov.in/eprocure/app shall be required to get registered beforehand.

If needed they can be imparted training on „online tendering process‟ as per details

available on the website.

3.1.9 The authorized signatory of intending tenderer as per Power of Attorney (POA) must

have valid class-III/II digital signature. The complete RFP Document shall only be

uploaded using Class-III/II digital signature of the authorized signatory.

3.1.10 Deleted






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3.1.11 Deleted

3.1.12 Tenderer must ensure to quote rate in financial proposal.

3.1.13 Each Tenderer shall submit only one tender. If a Tenderer submits more than one

Tender, all the tenders in which he has participated shall be considered invalid.

3.2 Downloaded RFP Documents:

3.2.1 The complete bid document can be downloaded from the website of

https://eprocure.gov.in/eprocure/app and a non-refundable fee Rs. 23600/-

(inclusive of 18% of GST) towards the cost of the Bid document shall required to

upload the scanned copies of transaction of payment of cost of Bid Documents at

the time of online bid submission. No tampering, alteration or changing of the

contents of the Bid documents is permissible. The DMRC shall not be responsible

for any printing error while downloading the documents.

3.3 Queries in RFP and Amendments

3.3.1 Bidders may upload their queries, if any, on e-tendering portal

https://eprocure.gov.in/eprocure/app not later than the date specified under the bid

schedule of Section-2 of RFP. DMRC shall endeavor to provide clarifications and

such further information as it may, in its sole discretion, consider appropriate

for facilitating a fair, transparent and competitive bidding process, however, no

queries received after prescribed date shall be entertained by the DMRC.

3.3.2 At any time prior to the Submission End Date, the DMRC may, for any reason

whatsoever, whether at its own initiative or in response to clarifications requested by

a Bidder, modify the RFP through the issuance of an addendum. This shall be

uploaded on e-tendering portal https://eprocure.gov.in/eprocure/app and shall be

binding upon all the bidders.

3.3.3 In order to give the Bidders reasonable time to take an addendum into account, or

for any other reason, the DMRC may, at its discretion, extend the Submission End

Date.

3.3.4 The Response to queries/ addendums (if any) will be uploaded on

https://eprocure.gov.in/eprocure/app and the Bidders are advised to keep a regular

check on the website for any such updates.

3.4 PRE-BID MEETING

3.4.1 DMRC shall conduct a pre-bid meeting on the date and location specified under the

bid schedule of Section-2 of RFP for the purpose of providing clarification and

answering the queries of the prospective Bidders.






Page 19 of 92

3.4.2 The tenderer is requested to upload any question online not later than the last date

of seeking clarification as mentioned in key details of NIT.

3.4.3 Any modification of the Tender Documents, which may become necessary as a

result of the Pre-Tender meeting, shall be made by the DMRC exclusively through

the issue of an Addendum pursuant to Clause 3.3 above.

3.4.4 Non-attendance at the Pre-Tender meeting will not be a cause for disqualification of

a Tenderer.

3.5 ELIGIBILITY CRITERIA

The bidder must have sufficient technical expertise and requisite experience to

develop and implement the services as asked in RFP. The Bidder shall meet the

following minimum Eligibility Criteria:

3.5.1 A Bidder must be a a body corporate incorporated and registered in India under the

Companies Act, 1956 /2013, duly registered under the law applicable to such

company, and further subject to compliance with applicable laws, policies and

guidelines of the Government of India. (Copy of Certificate of Incorporation,

Memorandum of Association (MOA) /Article of Association (AOA) to be submitted.)

3.5.2 The bidder should have facilities for payment through Credit card/ debit card / net

banking or any other method of Payment (Declaration certified by Chartered

accountant to be submitted as per Appendix- 7).

3.5.3 The bidder should be carrying out minimum 1000 e-commerce transactions per day

(proof attested by Chartered accountant to be submitted as per Appendix- 8).

3.5.4 The bidder should have certificate of authorization from RBI to carry out services

mentioned in the scope of work (RBI Certificate of Authorization for the same to be

submitted).

3.5.5 All regulatory compliance needs to be fulfilled by the successful bidder during the

contract period (undertaking from bidder need to submitted as per Appendix- 9)

3.5.6 Bidder should have a local set-up in Delhi/NCR for operations and support to

DMRC. The Bidder shall submit the proof of local set-up in Delhi/NCR for operations

and support to DMRC or shall submit an undertaking that he will set-up local office

in Delhi/NCR for operations and support to DMRC in case of award of LOA to them

as per Appendix- 10.

3.5.7 Bidder needs to submit at least 2 letters of satisfactory performance of e-

commerce services (integration with other parties) from the client. Details to be

filled in Appendix-11.


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3.5.8 If two or more associate companies exist only one company is eligible to bid. The

Bidder should provide a declaration that no associate company of theirs is bidding

as per Appendix-12

3.5.9 If two or more subsidiary companies exist only one company is eligible to bid. The

Bidder should provide a declaration that no subsidiary company of theirs is bidding

as per Appendix -13

3.8 Conflict of interest

A Bidder shall not have a conflict of interest (the “Conflict of Interest”) that affects

the bidding process. Any Bidder found to have such a Conflict of Interest shall be

disqualified. In the event of disqualification, DMRC shall forfeit and appropriate the

tender security as mutually agreed genuine pre-estimated compensation and

damages payable to DMRC for, inter alia, the time, cost and effort of the DMRC,

including consideration of such Bidder‟s proposal, without prejudice to any other

right or remedy that may be available to the DMRC hereunder or otherwise. Without

limiting the generality of the above, a Bidder shall be deemed to have a Conflict of

Interest affecting the bidding process, if:

i) a constituent of Bidder is also a constituent of another Bidder; or

ii) Bidder, its Member or any Associate thereof receives or has received any

direct or indirect subsidy, grant, concessional loan or subordinated debt from

any other Bidder, its Member or Associate, or has provided any such

subsidy, grant, concessional loan or subordinated debt to any other Bidder,

its Member or any Associate thereof; or

iii) Bidder has the same legal representative for purposes of this Bid as any

other Bidder; or

iv) such Bidder, or any Associate thereof, has a relationship with another

Bidder, or any Associate thereof, directly or through common third party/

parties, that puts either or both of them in a position to have access to each

others‟ information about, or to influence the Bid of either or each other; or

v) such Bidder or any Associate thereof has participated as a consultant to

DMRC in the preparation of any documents design or technical

specifications of the Project.

Notwithstanding anything stated herein a Conflict of Interest situation arising at the

pre qualification stage will be considered to subsist only, as between such Bidders

attracting Conflict of Interest provisions on account of shareholdings, who submit

Bids under this document.


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3.9 LANGUAGE AND CURRENCY

3.9.1 The Bid and all the related correspondence and documents shall be written in

English language only.

3.9.2 The currency for the purpose of the Bid shall be the Indian National Rupee (INR).

3.10. Tender Fee/ Tender Document cost and Tender Security/ Earnest Money

Deposit (EMD):

3.10.1.1 Tender fee/ tender document cost:

The instrument type for payment of tender fee/ tender document cost is to be done

only by RTGS, NEFT & IMPS. No other mode of payment will be accepted. The

detail of Bank account of DMRC of facilitate the payments is mentioned at 3.10.1.4

below. The bidders will be required to upload scanned copies of transaction of

payment (clearly indicating tender number i.e. OSR-01/2019 in the remarks or

description column) of tender fee/ tender document cost at the time of online bid

submission and no copies of transaction of payment are required to sent to the

office of Chief General Manger / Contracts.

3.10.1.2 Tender Security / EMD

The instrument type for payment of tender security / EMD is to be done only by

RTGS, NEFT & IMPS. The detail of Bank account of DMRC of facilitate the

payments is mentioned at 3.10.1.4 below. The bidders will be required to upload

scanned copies of transaction of payment (clearly indicating tender number i.e.

OSR-01/2019 in the remarks or description column) of tender fee/ tender

document cost at the time of online bid submission and no copies of transaction of

payment are required to sent to the office of Chief General Manger / Contracts.

3.10.1.3 DELETED

3.10.1.4 To facilitate payment of tender fee and tender Security through RTGS, NEFT &

IMPS, the details of bank account of DMRC is mentioned below:

3.10.2 Any Tender not having an acceptable Tender Security shall be rejected by the

DMRC considering it as non-responsive and their Technical package shall not be

opened and if opened then it will not be evaluated. No post bid clarification shall be

sought on tender security.

Name of

Bank Bank‟s Address Account Name & no.

Account

Type IFSC code

Punjab

National

Bank

ECE House

Branch, Connaught

Place, New

Delhi-110001

DMRC Ltd. O&M Expenditure A/C,

1120005800000032

Current

PUNB0112000


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3.10.3 The Tender Security of the successful tenderer shall be returned upon the execution

of the Contract and the receipt of Performance Security by the DMRC in accordance

with Clause 3.11 below and Upfront Money.

3.10.4 The Tender Security of tenderers who fail in technical evaluation shall be returned

after opening of financial package. Tender security of the unsuccessful tenderers in

financial opening shall be released after issue of the Letter of Acceptance (LOA) to

the successful tenderer or finalization of tender.

3.10.5 The Tender Security shall be forfeited:

a) if the Bidder withdraws its Bid during the interval between the Bid Due Date and the

expiration of the Bid Validity Period;

b) if the Selected Bidder fails to make the payments (as per Clause 3.11 & 3.26) within

the time specified in this RFP, or any extension thereof granted by DMRC;

c) if the successful Tenderer refuses or neglects to execute the Contract or fails to

furnish the required Performance Security and Upfront Money within the time

specified or extended by the DMRC

d) if the Tenderer does not accept the arithmetic corrections to his Tender price, as per

the relevant clause in RFP.

3.11 Performance Security

The Performance Security for Rs. 1 Crore is payable. The Performance Security

shall be furnished to the Employer within 30 (thirty) days of receipt of the Letter of

Acceptance.

The required Performance Security for the sum mentioned above may be submitted

in any one of the following forms:

(a) Bank draft in favour of “Delhi Metro Rail Corporation Ltd.”, payable at “New

Delhi” from a Scheduled Commercial Bank based in India, or

(b) Fixed Deposit Receipt of a Scheduled Commercial Bank / Post Offices based in

India duly pledged in favour of “Delhi Metro Rail Corporation Ltd.”, or

(c) Irrevocable bank guarantee in the prescribed format, given in Annexure-7 of

Instruction to Tenderers (ITT), issued by a Scheduled Commercial Bank based

in India or from a branch in India of a Scheduled foreign bank. The bank

guarantee must be issued on the Structured Financial Messaging System

(SFMS) platform. A separate copy of the BG has to be sent by the issuing bank

to the Employer‟s bank through SFMS. The details of Employer‟s bank are as

under:

ICICI Bank ltd.

9A, Phelps Building, Connaught Place, New Delhi -110001

IFSC Code: - ICIC0000007.


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Following codes are to be used by issuing bank for the purpose of Confirmation and

amendment in Bank Guarantees:-

Code Purpose

MT760 Confirmation of bank

guarantee

MT767 Amendment in bank guarantee

Bank Guarantee issued on the SFMS platform with any other code other than

mentioned above for the purposes shall not be acceptable to the employer.

3.11.2 The said Performance Security will be kept valid for a period of 6 months beyond

the Contract period or final settlement whichever is earlier.

3.11.3 The Performance Security would however be forfeited in case of any „Event of

Default‟ as described in the General Terms and condition and/or in accordance with

terms specified elsewhere in the RFP Bid Document.

3.12 PROPOSAL PREPARATION COST

The Bidder shall be solely responsible for all the costs associated with the

preparation of its Bid and its participation in the bidding process, including all types

of due diligence that may be required for the process. The DMRC shall not in any

way be responsible or liable for such costs, regardless of the conduct or outcome of

bidding.

3.13 VALIDITY OF OFFER

3.13.1 The Proposal shall remain valid for a period not less than one hundred eighty (180)

days from the Bid Submission Date (“Proposal Validity Period” or “Bid Validity

Period”). DMRC reserves the right to reject any Bid that does not meet this

requirement. DMRC may however request the Bidders to extend the validity of their

Bids for a specified additional period.

3.13.2 A Bidder agreeing to the request will not be allowed to modify its Bid, but would be

required to extend the validity of its tender security for the relevant period of

extension.

3.13.3 The Bid Validity Period of the Selected Bidder shall stand extended till the date of

execution of the Contract Agreement.

3.14 PREPARATION AND SUBMISSION OF PROPOSAL

The Bids should be submitted in the forms prescribed under this section, and the

relevant Annexure in Section 5.


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3.14.1 The completed Bids shall be accepted only up to the date and time as specified in

under the bid schedule of Section-2 of RFP. Bids have to be submitted online on the

website https://eprocure.gov.in/eprocure/app.

DMRC, at its sole discretion, retains the right, but is not obligated to extend the Bid

Due Date, by issuing an addendum which shall be uploaded on the website


3.14.2 The Bidders shall furnish the information strictly as per the formats given in Section

5 of this document without any ambiguity. The DMRC shall not be held responsible

if the failure of any Bidder to provide the information in the prescribed formats

results in a lack of clarity in the interpretation and consequent disqualification of its

Bid.

3.14.3 Deleted

3.14.4 Deleted

3.14.5 All Proposals/Bids shall be uploaded by the duly „Authorized Signatory‟ of the

Bidder. The Bidders shall submit a supporting Power of Attorney (POA) authorizing

the Signatory of the Proposal, to commit the Bidder and agreeing to ratify all acts,

deeds and things lawfully done by the said attorney and such POA shall be signed

by all members and shall be legally binding on all of them.

3.14.6 The Proposal shall be uploaded with Class-III/II digital signature by the Authorized

Signatory in unequivocal acceptance of all the terms and conditions of this Bid

Document. All the alterations, omissions, additions, or any other amendments

made to the Proposal shall mandatorily be initialed by the Authorized Signatory.

3.14.7 All the witnesses and sureties shall be persons of status and probity and their full

names and addresses shall be stated below their signature. All signatures in the Bid

Documents shall be dated.

3.14.8 Bidders are required to submit only one set of the Bids, including the Original RFP

issued to them which is signed on each page in acceptance of all the terms and

conditions of the Bid Document.

3.14.9 Any firm, which submits or participates in more than one Bid for the said Project

shall be disqualified

3.15 SUBMISSION OF BIDS

3.15.1 The Tender cost and tender security shall be submitted as per the instructions

specified in Section 3 Clause 3.10 of RFP.




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3.15.2 The technical package/qualification documents shall be uploaded online on the

website https://eprocure.gov.in/eprocure/app and shall contain the following:

Letter of Application and Interest (As per Annexure 1)

General Information of the Bidder (As per Annexure 2) along with

Memorandum of Association and Article of Association

The Financial Proposal (as per Appendix-3) shall be uploaded online on

the website https://eprocure.gov.in/eprocure/app. The rates shall be quoted

in the excel file provided in the bid documents. The tenderer shall

download the excel file and after quoting their rates upload the same

accordingly. The rates shall not be offered/quoted elsewhere in the

technical submission/ tender submission.

Power of Attorney as per Appendix-4 (along with Board Resolution).

Affidavit as per Appendix-5.

General information about tenderer as per Appendix-6.

Declaration for facilities of payment through Credit card/debit card / net

banking or any other method, Appendix-7

Declaration for minimum 1000 e commerce transactions per day,

Appendix-8

Regulatory Compliance under as per Appendix-9.

Undertaking for Local set-up in Delhi/NCR as per Appendix-10.

Satisfactory performance of e-commerce services as per Appendix-11.

Declaration for no associate company bidding as per Appendix-12.

Declaration for no subsidiary company bidding as per Appendix-13.

Undertaking For Corrupt & Fraudulent Practice as per Appendix 14.

Undertaking for downloaded tender documents as per Appendix-15

Undertaking for termination of contract as per Appendix-16

Undertaking For Not Being Penalized in a Contract- Appendix 17

Undertaking For Financial Stability- Appendix 18

Undertaking for disclosure of information under RTI Act- Appendix-19

Details of refund of EMD through NEFT/RTGS- Appendix-20

CHECK LIST-Appendix-21

Scanned copy of RFP Document cost and tender security payment receipt.

A declaration (As per Annexure-22 stating that the tender

document/addendums/clarifications, if any, placed upto the date of opening

of bids on the e-tendering portal [https://eprocure.gov.in/eprocure/app]

have been downloaded and considered in our tender submission and

confirming their unconditional acceptance to all the terms and conditions.

PAN Card

GST Registration No.

3.15.3 The Financial Proposal shall be uploaded online on the website

https://eprocure.gov.in/eprocure/app. The rates shall be quoted in the excel file

provided in the bid documents. The tenderer shall download the excel file and after






Page 26 of 92

quoting their rates upload the same accordingly. The rates shall not be

offered/quoted elsewhere in the technical submission/ tender submission.

3.16 BIDDER’S RESPONSIBILITY

3.16.1 It would be deemed that prior to the submission of the Bid; the Bidder has made a

complete and careful examination of:

a) The requirements and other information set forth in this RFP document.

b) The various aspects of the Project including, but not limited to the following:

(i) Existing facilities, and operational requirements.

(ii) All other matters that might affect the Bidder‟s performance under the terms of

this RFP, including all risks, costs, liabilities and contingencies associated with

the Work.

c) All the Bids shall be signed by the Bidder or the duly authorized signatory of

the Bidder.

d) Bidder may visit the Project Site at its own cost before submitting the Bid.

3.16.2 The DMRC shall not be liable for any mistake or error or neglect by the Bidder in

respect of the above. The Bids that are not substantively responsive to the

requirements of this RFP document shall be rejected as non responsive.

3.17 MODIFICATION AND WITHDRAWAL OF PROPOSALS

3.17.1 No Proposal shall be modified or withdrawn by the Bidder after the last date of

submission.

3.17.2 Withdrawal of a Bid during the interval between Bid Due Date and the expiration of

the Bid Validity Period would result in the automatic forfeiture of the tender security.

3.18 OPENING OF BIDS

3.18.1 The Technical Package of all tenderers who have submitted a valid tender security

and cost of tender document shall be opened in the presence of representatives of

tenderers who choose to attend on date & time as mentioned in tender document in

the office of the Chief General Manager/contracts, DMRC, 5th floor, A-Wing, Metro

Bhawan, Fire Brigade Lane, Barakhamba Road, New Delhi –110001. Tenderers

may visit DMRC e-procurement web-site https://eprocure.gov.in/eprocure/app to

know latest Technical Opening information after completion of opening process. If

such nominated date for opening of Tender is subsequently declared as a Public



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Holiday by the DMRC, the next official working day shall be deemed as the date of

opening of Technical Package. The Tender of any tenderer who has not complied

with one or more of the foregoing instructions may not be considered.

3.18.1 (a) On opening of the Tender, DMRC will first check the tender cost and tender

security through online mode by cross verifying with the hard copy submitted or

with the details of online transaction.

3.18.1(b) If the documents do not meet the requirements of the DMRC, a note will be

recorded accordingly by the Tender Opening Authority.

3.18.1(c) The tenderers name, details of the tender security and such other details as the

DMRC or his authorized representative, at his discretion, may consider

appropriate will be announced at the time of tender opening.

3.18.1(d) The digitally signed financial package which tenderer have uploaded online

will be opened on a subsequent date after evaluation of technical packages.

Financial packages of only those tenderers whose submissions are found

substantially responsive and technically compliant to the tender conditions will

be opened. The time of opening of financial package shall be informed through

website only. Tenderers can visit to DMRC e-procurement website for further

information.

3.18.2 The DMRC reserves the right to reject any Proposal and forfeit the tender

security, if

a) It is not signed, sealed and marked as stipulated in Clause 3.15.

b) The information and documents have not been submitted as requested and

in the formats specified in the RFP.

c) There are inconsistencies between the Proposal and the supporting

documents.

d) It does not mention the validity period as set out in Clause 3.13.

e) It provides the information with material deviations, which may affect the

scope or performance of the Project.

f) There are conditions proposed with the Technical and/or Financial

Proposals.

3.18.3 A material deviation or reservation is one:

a) which affects in any substantial way, the scope, quality, or performance of

the Project, or


Page 28 of 92

b) which limits in any substantial way, inconsistent with the RFP document, the

DMRC‟s rights or the Bidder‟s obligations, or

c) which would affect unfairly the competitive position of other Bidders‟

presenting substantially responsive Bids.

d) No request for modification or withdrawal shall be entertained by the DMRC

in respect of such Proposals.

3.19 RESPONSIVENESS OF BIDS

3.19.1 Before evaluation of Bids, DMRC will determine whether the Bid is responsiveness

to the requirements of Bid Documents. A Bid/Proposal shall be considered

„responsive‟ only if:-

i) it is received by the deadline for submission of Bid/Proposal;

ii) It contains information complete in all respect as required in the Bid

Documents(in the formats specified);

iii) it is signed, sealed and marked as stipulated;

iv) it is accompanied by receipt of Bid Document Fee;

v) it is accompanied by the acceptable tender security/ Bid Security;

vi) it is accompanied by the relevant Power(s) of Attorney(ies) and Undertakings

as specified in Bid Forms;

vii) The document is accompanied by the Checklist as prescribed.

3.19.2 If any of the above criteria is not fulfilled, in any manner whatsoever, the proposal

shall be treated as non-responsive. The decision of DMRC on the responsiveness

of the Bid shall be final and conclusive and binding on the Bidder and shall not be

called into question by any Bidder on any ground whatsoever. Any Bid/Proposal

which is non responsive shall be rejected.

3.19.3 To facilitate checking the responsiveness and evaluation of Bids, DMRC may at its

sole discretion, without being under any obligation to do so, reserves the right to call

for any clarification from any Bidder regarding its Bid. Such clarification(s) shall be

provided within the time specified by DMRC for this purpose. If the Bidder does not

provide the clarification sought within the prescribed time, its Bid shall be liable to be

rejected. In case it is not rejected, DMRC may proceed to evaluate the Bid by

construing the particulars requiring clarification to the best of its understanding.


Page 29 of 92

3.19.4 No Bidder shall however have the right to give any clarification unless asked for by

DMRC, in any manner whatsoever, with the bidding process, to intervene in, any

manner whatsoever, in the bidding process.

3.20 EVALUATION OF BIDS

The Bids of the Bidders shall be evaluated in two stages. “Tender Security” and

“Technical Qualification” will first be evaluated which will cover following items:

3.20.1 First of all it will be determined whether each tender is accompanied with the valid

tender security i.e. the required amount and in an acceptable form as stated in

Clause 3.10 above. Tenders not accompanied with the valid tender security shall

be rejected and may not be evaluated further. Other aspects of technical evaluation

will be done as per Clause 3.5, 3.6, 3.8, 3.13, 3.18 and 3.19 above.

3.20.2 Tenders not considered substantially responsive and not full-filling the requirements

of the tender document as evaluated above shall be rejected by DMRC and shall

not be allowed subsequently to be made responsive by correction or withdrawal of

the nonconforming deviation or reservation.

3.20.3 If any tender is rejected, pursuant to paragraph 3.20.2 above, the Financial Package

of such tenderer shall not be opened.

3.20.4 The decision of the DMRC as to which of the tenders are not substantially

responsive shall be final.

3.20.5 In case of those Bidders who have not met the eligibility criteria then the Financial

Bids of such tenderer shall not be opened.

3.21 Evaluation of Financial Proposals:

All technically acceptable tenders will be eligible for opening of their financial

proposals. The DMRC shall notify all technically qualified Tenderers to attend the

opening of the financial proposal. The financial proposal will then be opened online

in front of attending Tenderers. The evaluation of Financial Bids will be as under:

3.21.1 The evaluation of Financial Bids of the Bidders will be made on One Time upfront

payment filled in BOQ sheet.

3.21.2 In respect of one time Upfront Money, bidder shall quote his bid without GST. The

One time Upfront Money quoted must not be less than Rs 5 crores. GST, as

applicable will be payable by the Bidder in addition to the fixed lump sum amount

quoted above. If the fixed lump sum amount quoted by the bidder is less than Rs 5

crores, then his bid will be considered non-responsive.

3.21.3 The Bidder who quotes the maximum amount of one time Upfront Payment in BOQ

will become the Highest Bidder (H1).


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3.21.4 Work would be awarded to three bidders only at the rate of highest bidder (H1). If

the existing service provider i.e. M/s One 97 Communication Limited qualify the

technical criteria, one position will be reserved for existing operator i.e. M/s One 97

Communication Limited out of the three bidder. In case M/s One 97 Communication

Limited is not H1 and decline the counter offer to work at the rates of the highest

bidder, then the work would be awarded to top three bidders H1, H2 & H3.

3.21.5 The Bidders with the highest Bid may also be requested to make a presentation at

their own cost, for clarifications, additional information on Bidder‟s capability,

concept plan and the business proposal in this regard to DMRC. DMRC may seek

further clarifications and make suggestions in respect of the proposal which should

not in any manner effect a change in the amount quoted by such Bidder or the

manner of its payment and also should not constitute any material deviation

affecting the relative position of any Bidder and also should not be inconsistent in

any substantial way with the Bid Documents. The Bidder shall be obliged to

incorporate these suggestions in his planning/proposals.

3.22 Counter Offer at Highest Rates:

3.22.1 Three Bidders will be awarded for this work.

3.22.2 Counter offer (in two copies) at H1 rates may be given to next 02 highest bidders

(i.e. H2 and H3) subject to clause 3.21.4. These bidders shall return one copy of

Counter offer to the office of CGM/Contracts, within one week from the date of issue

of Counter offer stating their acceptance of Counter offer.

3.22.3 In case any bidder backs out from the counter offer, then the offer may be given to

the next highest eligible bidder i.e. H-4 onwards.

3.23 Award Criteria:

3.23.1 Subject to clause of ITT, the Employer will award the contract to the tenderer, whose

tenders have been determined to be substantially responsive, technically &

financially suitable, complete and in accordance with the tender documents and

a) Whose evaluated quoted price is determined to be Highest (i.e. H1)

b) Other than H1, who have accepted the counter offer.

3.24 RIGHT TO REJECT BIDS

3.24.1 The DMRC reserves the right to reject any Bid if it is of the opinion that the Bidder

lacks the expertise, experience and is not in possession of requisite setup required

for the purpose of the Project. The discretion of the competent authority of DMRC in

this respect shall be final and binding on all the Bidders.

3.24.2 The DMRC reserves the right to reject any/all Bids including the highest Bid or

withdraw the Bid at any stage without assigning any reasons whatsoever. Nothing

contained herein shall confer a right upon a Bidder or any obligation upon the

DMRC.


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3.24.3 The Bidder hereby voluntarily and unequivocally agrees that DMRC shall not be

under any obligation or be liable for any acceptance, rejection or annulment of

any/all Bids and the Bidder shall not to seek any claims, damages, compensation or

any other consideration whatsoever on this account, from DMRC.

3.25 MISREPRESENTATION/FRAUD/BREACH OF TERMS AND CONDITIONS

If it is discovered at any point of time that any Bidder has suppressed any facts or

has given a false statement or has made any misrepresentation or has committed a

fraud or has violated any of the terms of this Bid, the Bid shall be disqualified by

DMRC. If the Bidder is a Consortium/ JV, then the entire Consortium/ JV and each

Member shall be disqualified/ rejected. In such an event, the Bidder shall not be

entitled to any compensation whatsoever, or refund of any amount/s paid.

3.26 DISPUTES

3.26.1 All disputes between the successful Bidder and DMRC shall be settled as per the

Dispute Resolution procedure elaborated in the Clause 12 of General Terms and

Condition. During the bidding process, no dispute of any type would be entertained.

Even in such cases where DMRC asks for additional information from any Bidder,

the same cannot be adduced as a reason for citing any dispute.

3.26.2 The Courts at Delhi shall have the sole & exclusive jurisdiction to try all the cases

arising out of this RFP document.

3.27 CONFIDENTIALITY

3.27.1 The information relating to the examination, clarification, evaluation and

recommendation for the short-listed Bidders shall not be disclosed to any person not

officially concerned with the process. DMRC will treat all the information submitted

as part of all the proposals in confidence and will insist that all that have access to

such material treat it in confidence. DMRC will not divulge any such information

unless it is ordered to do so by any Government Authority that has the power under

law to require its disclosure or due to statutory compliances.

3.28 ACCEPTANCE OF THE OFFER

3.28.1.Prior to the expiry of the period of tender validity prescribed by the Employer, the

Employer will notify the successful Bidder Telephonically and by uploading the

scanned copy of Letter of Acceptance (LOA) on e-tendering portal to confirm that

his tender has been accepted. The successful bidder can also download the copy

of Letter of Acceptance (LOA) issued to them. The “Letter of Acceptance” will be

issued under signature of a Director of DMRC or of The Chief General

Manager/Contracts. The “Letter of acceptance” will be sent in duplicate to the


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successful Bidder, who will return one copy to the Employer duly acknowledged

and signed by the authorized signatory indicating their unconditional acceptance,

within one week of receipt of the same by him. No correspondence will be

entertained by the Employer from the unsuccessful Bidders.

3.28.2 The Letter of Acceptance will constitute a part of the contract.

3.28.3 Upon “Letter of Acceptance” being signed and returned by the successful Bidder

as per Clause F3.1, the employer will promptly notify the unsuccessful Bidders and

discharge / return their tender securities.

3.29 EXECUTION OF CONTRACT AGREEMENT

3.29.1 Successful Bidder is required to deposit Performance Security and Upfront amount/

Any other amount required within stipulated time period as mentioned in LOA. In

case successful bidder fails to submit the same as advised in the LOA within 30

(thirty) days time period, same can also be submitted with interest as detailed

below:-

(a) Up to 30 days – Nil

(b) 31st to 45th day -2% Flat of Upfront Money

(c) 46th to 60th day – 3% Flat Upfront Money

The aforementioned interest is excluding GST and shall be charged on the balance

amount remaining unpaid as per the LOA, This amount shall be submitted in the

form of Demand Draft/ Pay order/ RTGS/NEFT only in favour of DMRC Ltd, &

payable at New Delhi. Account Details for RTGS/NEFT of Upfront Money will be

provided letter.

After 60th days of issue of LOA if the Contractor fails to comply with the terms and

conditions of LOA, the LOA may be cancelled and EMD/any other amount

submitted may be forfeited by DMRC.

3.29.2 The Contract Agreement shall be executed within 30 days of receipt of LOA

payment, the Selected Bidders shall submit the certified true copies of all

resolutions adopted by its/their Board of Directors authorizing it/them for the

execution, delivery and performance of this Agreement to the DMRC.

3.29.3 Deleted

3.29.4 The responsibility for Contract agreement shall vest with the selected bidders and

the cost of stamp duty for execution of the Contract Agreement, and any other

related documentation charges and the incidental charges will be borne by the

Selected Bidders.

3.29.5 In case of failure to sign the Contract Agreement within the stipulated time, the

DMRC shall retain the right to cancel the LOA and forfeit the Bidder‟s tender

security and any other amount deposited till that time without being liable in any

manner whatsoever to the Selected Bidders.


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3.29.6 The failure to meet the abovementioned conditions, shall be construed as a breach

of the Selected Bidder and DMRC shall be entitled to cancel the LOA without being

liable in any manner whatsoever to the Selected Bidder and appropriate the tender

security and any other amount deposited till that time as „Damages‟.

3.30 UNSUCCESSFUL BIDDERS

The Tender Security of tenderers who fail in technical evaluation shall be returned

after opening of financial package. Tender security of the unsuccessful tenderers in

financial opening shall be released after issue of the Letter of Acceptance (LOA) to

the successful tenderer or finalization of tender. The tender security/ bid security

shall be returned without payment of any interest.


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Schedule -1

(On Rs. 100/- non-judicial stamp paper)

FORM OF PERFORMANCE SECURITY (GUARANTEE) BY BANK

1. This deed of Guarantee made this day of ………………. (Month& year) between Bank

of…………………. …………. (hereinafter called the “Bank”) of the one part, and Delhi

Metro Rail Corporation Limited (Hereinafter called “the Employer”) of the other part.

2. Whereas Delhi Metro Rail Corporation Limited has awarded the contract for ………(Name

of work as per Clause 1.1.1 of NIT) (Hereinafter called the “Contract” ) to

…………………………… (Name of the Contractor) (Hereinafter called “the Contractor”).

3. AND WHEREAS the Contractor is bound by the said Contract to submit to the Employer a

Performance Security for a total amount of ………………… (Amount in figures and words).

4. Now, we the Undersigned ……………………………………. (Name of the Bank) being

fully authorized to sign and to incur obligations for and on behalf of and in the name

of………………………….. (Full name of Bank), hereby declare that the said Bank will

guarantee the Employer the full amount ofRs. …………………………… (Amount in figures

and words) as stated above.

5. NOW THEREFORE, we hereby affirm that we are the Guarantor and responsible to you,

on behalf of the Contractor and we hereby unconditionally, irrevocably and without demur

undertake to immediately pay to the Employer upon first written demand and without cavil

or argument, any sum or sums within limits of ............(Amount of Guarantee) as aforesaid

without reference to the Contractor and without your needing to prove or show grounds or

reasons for your demand for the sum specified therein. The Bank shall pay to the

Employer any money so demanded notwithstanding any dispute/disputes raised by the

Contractor in any suit or proceedings pending before any Court, Tribunal or Arbitrator/s

relating thereto and the liability under this Guarantee shall be absolute and unequivocal.

6. This Guarantee is valid till ………………….. (The initial period for which this Guarantee will

be valid must be for at least 6-months (six months) longer than the original contract period.

7. At any time during the period in which this Guarantee is still valid, if the Employer

agrees to grant a time extension to the Contractor or if the Contractor fails to

complete the Works within the time of completion as stated in the Contract, or fails

to discharge himself of the liability or damages or debts as stated under Para 5,

above, it is understood that the Bank will extend this Guarantee under the same

conditions for the required time on demand by the Employer and at the cost of the

Contractor.

8. The Bank agrees that no change, addition, modifications to the terms of the

Contract Agreement or to any documents, which have been or may be made

between the Employer and the Contractor, will in no way release us from the liability


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under this Guarantee; and the Bank, hereby, waives any requirement for notice of

any such change, addition or modification to the Bank.

9. The Guarantee hereinbefore contained shall not be affected by any change in the

Constitution of the Bank or of the Contractor.

10. The neglect or forbearance of the Employer in enforcement of payment of any moneys, the

payment whereof is intended to be hereby secured or the giving of time by the Employer for

the payment hereof shall in no way relieve the bank of their liability under this deed.

11. The expressions “the Employer”, “the Bank” and “the Contractor” hereinbefore used shall

include their respective successors and assigns.

12. Notwithstanding anything contained herein:

(a) Our liability under this Bank Guarantee shall not exceed Rs.…………… (Rs. ...........)

(b) This Bank Guarantee shall be valid up to ...........................

(c) We are liable to pay the Guarantee amount or part thereof under this Bank Guarantee

only & only if you serve upon us a written claim or demand on or before

..........................

In witness whereof I/We of the bank have signed and sealed this Guarantee on the

…………. day of …………… (Month & year) being herewith duly authorized.

For and on behalf of the…………………………. Bank.

Signature of Authorized Bank officials.

Name : ……………………………..

Designation : ……………………………..

Stamp/Seal of the Bank : ……………………………..

Signed, sealed and delivered for and on behalf of the Bank by the above named

………………. in the presence of :

Witness 1. Witness 2.

Signature ……………………… Signature ……………………….

Name …………………………… Name …………………………..

Address ……………………….. Address …………………………


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Note :

1. The stamp papers of appropriate value shall be purchased in the name of the Bank,

who issues the „Bank Guarantee‟.

2. The „Bank Guarantee‟ shall be from the Scheduled Commercial Bank based in India,

acceptable to Employer.

3. The „Bank Guarantee‟ must be issued on the Structured Financial Messaging System

(SFMS) platform.

4. A separate copy of the BG has to be sent by the issuing bank to the Employer‟s bank

through SFMS. The details of Employer‟s bank are as under:

ICICI Bank ltd.

9A, Phelps Building, Connaught Place, New Delhi -110001

IFSC Code: - ICIC0000007.

5. Following codes are to be used by issuing bank for the purpose of Confirmation and

amendment in Bank Guarantees:-

Code Purpose

MT760 Confirmation of bank

guarantee

MT767 Amendment in bank guarantee

6. Bank Guarantee issued on the SFMS platform with any other code other than

mentioned above for the purposes shall not be acceptable to the employer.


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Schedule -2

CONTRACT AGREEMENT:

This Contract Agreement is made at New Delhi on the …………. day of ……….. (Month and Year) Between Delhi Metro Rail Corporation Limited, 5th Floor, Metro Bhawan, Fire Brigade Lane, Barakhamba Road, New Delhi –110 001 hereinafter called “the Employer” of the one part and ……….……………..….. (Name & Address of Contractor) hereinafter called “the Contractor” of the other part. Whereas the Employer is desirous that (*** certain Goods and Services should be provided and) the Works should be executed, viz. ………….(Name of work as mentioned under Clause 1.1.1 of NIT) hereinafter called “the Works” and has accepted a Tender by the Contractor for the execution and completion of such works (*** as well as guarantee of such works) and the remedying of defects therein.

This agreement is signed between ……………………………………………. (for and on behalf of the Employer) and ……………………………………………………. (for and on behalf of the Contractor).

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement words and expression shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents shall be deemed to form and be read and construed as part of this Agreement. These documents shall be signed by……………………………………….. (for and on behalf of the Employer) and ………………………………………………… (for and on behalf of the Contractor).

a) Project Background b) Notice Inviting Tender (NIT) c) Instructions to Tenderers (ITT) (Including Annexures & Appendices) d) General Terms and Conditions e) Scope of Work f) Bill of Quantities g) Form of Tender with Appendix h) Letter of acceptance (LOA) i) Addenda (If any) j) Any other item as applicable

3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and complete the works by **……………. and remedy any defects therein in conformity in all respects with the provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the works and the remedying of defects therein, the Total Contract Price of **` …………………… being the sum stated in the letter of acceptance subject to such additions thereto or deductions there from as may be made under the provisions of the Contract at the times and in the manner prescribed by the Contract.

5. OBLIGATION OF THE CONTRACTOR

The contractor shall ensure full compliance with tax laws of India with regard to this contract and shall be solely responsible for the same. The contractor shall submit copies of acknowledgements evidencing filing of returns every year and shall keep the Employer fully indemnified against liability of tax, interest, penalty etc. of the contractor in respect thereof, which may arise.


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6. JURISDICTION OF COURT

The Courts at Delhi/ New Delhi shall have the exclusive jurisdiction to try all disputes arising out of this agreement between the parties.

This contract is made in three copies with identical wording. Both parties having thoroughly read and understood the contents hereof sign their names and affix the seal (if any) in the presence of witness and each shall retain one copy.

IN WITNESS WHEREOF the parties hereto have caused their respective Common Seals to be hereunto affixed / (or have hereunto set their respective hands and seals) the day and year first above written.

For and on behalf of the Contractor

For and on behalf of the Employer

Signature of the authorized official Signature of the authorized official

Name of the official Name of the official

Stamp/Seal of the Contractor Stamp/Seal of the Employer

SEALED, SIGNED & DELIVERED

By the said ………………….……(Name) on

behalf of the Contractor in the presence of :

By the said ……………….……(Name) on

behalf of the Employer in the presence of :

Witness

Name : ………………………………………….

Address : ………………………………………….

Witness

Name : ………………………………………….

Address : ………………………………………….

Note:

To be made out by the Employer at the time of finalization of the Form of Agreement. ** Blanks to be filled by the Employer at the time of finalization of the Form of

Agreement. *** To be deleted if not applicable


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SECTION 4

GENERAL TERMS AND CONDITIONS


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1.0 Performance Security

The Bank/aggregator shall furnish DMRC a performance security as per clause 3.11

(ITT) in format provided in Schedule-1 above.

2.0 Obligations of the Parties

1.1 The Vendor shall perform Services related to the Scope of the Work/Services as

stated in the section „Scope of Works „in section 5.

1.2 The Vendor shall exercise reasonable skill, care and diligence in the performance of

his obligations under the Agreement.

1.3 Where the Services include the co-ordination between the Vendor and other

consultants and contractors employed on the Metro Rail Project, DMRC shall

provide such co-ordination with the Vendor and AFC Contractor.

1.4 Neither party will make any promise, representation nor give any warranty or

guarantee with respect to services and products, which are not authorized by the

other party.

1.5 Neither party shall have the right or authority to assume or to create any obligation

or responsibility to assume or to bind on behalf of or in the name of other party in

any manner apart from the rights and obligation arising out of the terms and

conditions of the Contract.

1.6 Either party shall investigate and handle all complaints received from the customer

on their best effort basis. In case any complaint is filed by any customer regarding

the service under this Agreement against either of the parties, both the parties shall

cooperate with each other and in case the need arises, will provide all assistance

including all documents as may be required to resolve the complaint at the earliest.

1.7 Not used.

1.8 Any communication material or any other printed material, advertisement material

and the like which is used for the purpose of promotion undertaken in respect of

services agreed under this Agreement shall have the logo of both the parties and

shall be printed only after sample approval by both parties.

3.0 Assistance to the Vendor

3.1. DMRC shall assist the Vendor in:

3.1.1. Providing unobstructed access wherever it is required for providing the Services as

per the Scope of Work.

3.1.2. Not used.

4.0 Duration of Contract

4.1. The period of the contract for „Selecting third party website/Mobile app for

online and mobile transaction for DMRC smart card recharge" will be three

years (plus 16 weeks for interface, deployment, testing and commissioning)

extendable for a period as may be mutually agreed and upon such terms and

conditions as may be decided by the Parties.

5.0 Agreement Effective Date of Contract


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5.1. This Contract shall come into force and effect on the date of issue of Letter of

Acceptance (LOA) by DMRC. This LOA shall continue to remain an active

agreement between employer and the Bidder till formal contract agreement has

been signed.

6.0 Force Majeure

6.1. Force Majeure Events shall mean one or more of the following acts or events:

(a) acts of God or events beyond the reasonable control of the affected Party

which could not reasonably have been expected to occur, exceptionally

adverse weather conditions, lightning, earthquake, cyclone, flood, volcanic

eruption, fire or landslide;

(b) strikes or boycotts (other than those involving the Vendor or its employees/

representatives or attributable to any act or omission of any of them)

interrupting supplies and services to the public for a period exceeding a

continuous period of seven (7) days;

(c) an act of war (whether declared or undeclared), invasion, armed conflict or

act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or

military action, civil commotion which prevents or restricts the performance

by the Vendor of its obligations for a period exceeding a continuous period

of seven (7) days;

(d) any failure or delay of a contractor or supplier, but only to the extent caused

by another Force Majeure Event.

6.2. As soon as practicable and in any case within 7 days of the date of occurrence of a

Force Majeure Event or the date of knowledge thereof, the affected party shall notify

other Parties of the same, setting out the details of such Force Majeure Event.

6.3. Upon the occurrence of any Force Majeure Event, the following shall apply:

(i) There shall be no Termination;

(ii) The Parties shall bear their respective costs and no Party shall be required

to pay to the other Party any costs arising out of such Force Majeure Event;

(iii) The period of evaluation of performance for penalty determination will

exclude the period for which the Force Majeure events persist.

6.4. Upon the cessation of any Force Majeure Event, the Parties shall immediately

resume their respective obligations.

7.0 Event of Default and Termination

7.1. The Event of Default of the Vendor for each of the Projects shall be as set out

below:


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(i) Material Breach to meet any of its obligations (viz not paying the amount as

per Clause 19, General Terms and Conditions) and which breach the

Vendor fails to cure for a period of 30 days;

(ii) The Vendor has abandoned the Project(s);

(iii) The Vendor has been declared insolvent;

(iv) A resolution has been passed for voluntary winding up of the Vendor;

(v) Any petition for winding up of the vendor has been admitted and liquidator

or provisional liquidator has been appointed or the vendor has been ordered

to be wound up by Court of competent jurisdiction, except for the purpose of

amalgamation or reconstruction with the prior consent of DMRC provided

that, as part of such amalgamation or reconstruction and the amalgamated

or reconstructed entity has unconditionally assumed all obligations of the

Vendor;

(vi) The Vendor has unlawfully repudiated the Contracts or has otherwise

expressed an intention not to be bound by the Contracts.

7.2. In the Event of Default of the Vendor in relation to the Project and/, DMRC shall,

without prejudice to any other right that it may have, be entitled to encash the

Performance Security(ies) for such project(s) and Terminate that Contract or in its

sole discretion the Contracts.

7.3. DMRC reserves the right to terminate the Contract by giving 2 (two) months

advance notice in writing to the Vendor, without assigning any reason thereof.

During the notice period Vendor will inform its customers of the date up to which

CSC shall be topped-up on behalf of DMRC, and Vendor shall not provide this

service to any customer of DMRC after the date of termination. On the termination

of the contract, the amount collected by Vendor shall be immediately credited in to

the account of DMRC, failing which Vendor shall pay to the DMRC, penal interest at

the rate applicable for its term deposits for that period, till the date such amount is

paid to DMRC.

8.0 Effect of Termination

8.1. Notwithstanding any other rights and remedies provided elsewhere in the

Agreement, on termination of this Contract:

8.2. Neither party will represent the other party in any of its dealings. Either party shall

not intentionally or otherwise commit any act(s) as would keep a third party to

believe that the other party is still providing services as provided under this

Contract.

8.3. Both the parties will settle, within seven working days of Termination of this Contract

all the outstanding dues of the other party save and except the dues under dispute.

8.4. Each party shall not use each other‟s name, trademark, brand name, logo, etc. in

any audio or visual form after termination of this Contract.


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8.5. The expiration or termination of the Contract for any reason whatsoever shall not

affect any obligation of either party having accrued under the Agreement prior to the

expiration or termination of the Contract and such expiration or termination shall be

without prejudice to any liabilities of either party to the other party existing at the

date of expiration or termination of the Contract.

9.0 Notices

9.1. Any notice, request or consent required or permitted to be given or made pursuant

to this Contract shall be in writing. Any such notice, request or consent shall be

deemed to have been given or made when delivered in person to an authorized

representative of the party to whom the communication is addressed, or when sent

by registered mail, telex, telegram or facsimile to such Party at the address given in

the proposal document for issue of proposal document.

10.0 Jurisdiction of Courts

10.1. The Courts at Delhi shall have the exclusive jurisdiction to try all disputes between

the parties arising out of the Contract(s).

11.0 Indemnity

11.1. The Vendor shall protect, defend, hold DMRC harmless and indemnified against

any legal, Quasi-legal or civil implications that may arise out of any dispute, error of

omission or commission, any lapse or laxity solely on account of Vendors operation

of the customers with Vendor. Vendor shall also agree to protect, defend, hold

harmless and to keep indemnified, the DMRC, against any claims of customers on

occurrence of any default on its part on account of its failure to remit payment or

information regarding such payments, in accordance with payment instructions to

the concerned authority of DMRC, (within the period specified in terms of the

contract) which has a material and substantial effect on the interest of such

customers.

11.2. Should any proceedings be undertaken which may give rise to Vendors‟s liability

under the contract, DMRC shall provide vendor with prompt notice and an

opportunity to participate in any such proceedings to represent its interest

appropriately.

11.3. DMRC agrees to protect, defend, hold Vendor harmless and indemnified against

any legal, Quasi-legal or civil implications that may arise out of any dispute, error of

omission or commission, any lapse or laxity solely on account of Metro operations.

DMRC also agrees to protect, defend, hold harmless and to keep indemnified, the

Vendor, against any claims of customers on occurrence of any default on its part on

account of its failure to update the Contactless Smart Card e-purse with the top-up

amount or information regarding such payments, in accordance with payment

instructions to the concerned authority of Vendor, (within the period specified in

terms of the contract) which has a material and substantial effect on the interest of

such customers.

11.4. Should any proceedings be undertaken which may give rise to DMRC‟s liability

under the contract, Vendor shall provide DMRC with prompt notice and an


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opportunity to participate in any such proceedings to represent its interest

appropriately.

12: DISPUTE RESOLUTION

12.1 Amicable Resolution

12.1.1 No legal action till Dispute Settlement Procedure is exhausted.

Any and all Disputes shall be settled in accordance with the provisions of Article 12.

No action at law concerning or arising out of any Dispute shall be commenced

unless and until all applicable Dispute resolution procedures set out in Article 12

shall have been finally exhausted in relation to that Dispute or any Dispute out of

which that Dispute shall have arisen with which it may be or may have been

connected.

12.1.2 Notice of Dispute

For the purpose of Sub-Clause 12.1.2, a Dispute shall be deemed to arise when

one party serves on the other party a notice in writing (hereinafter called a "Notice of

Dispute") stating the nature of the Dispute provided that no such notice shall be

served later than 28 days after the date of issue of Performance Certificate by the

Engineer.

12.1.3 Two Stages for Dispute Resolution

Disputes shall be settled through two stages:

a) Conciliation procedures as established by “The Arbitration and Conciliation Act-

1996” & amended by the Arbitration & Conciliation ( Amendment ) Act, 2015

and any statutory modification or re-enactment thereof and in accordance with

this Clause. In the event this procedure fails to resolve the Dispute then;

b) Arbitration procedures undertaken as provided by “The Arbitration and

Conciliation Act -1996” & amended by the Arbitration & Conciliation

(Amendment) Act, 2015 and any statutory modification or re-enactment thereof.

and in accordance with this Clause.

12.1.4 Conciliation

Within 60 days of receipt of Notice of Dispute, either party shall refer the matter in

dispute to conciliation.

Conciliation proceedings shall be initiated within 30 days of one party inviting the

other in writing to Conciliation. Conciliation shall commence when the other party

accepts in writing this invitation. If the invitation is not accepted then Conciliation

shall not take place. If the party initiating conciliation does not receive a reply within

30 days from the date on which he sends the invitation he may elect to treat this as

a rejection of the invitation to conciliate and inform the other party accordingly.


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The Conciliation shall be undertaken by one Conciliator selected from a panel of

Conciliators maintained by the Employer. The Conciliator shall assist the parties to

reach an amicable settlement in an independent and impartial manner.

12.1.5 Conciliation Procedure

a) The Employer shall maintain a panel of Conciliators, who shall be from serving

or retired engineers of Government Departments, or of Public Sector

Undertakings. Out of this panel, a list of three Conciliators shall be sent to the

Contractor who shall choose one of them to act as Conciliator and conduct

conciliation proceedings in accordance with “The Arbitration and Conciliation

Act, 1996” of India & amended by the Arbitration & Conciliation (Amendment )

Act, 2015 and any statutory modification or re-enactment thereof.

There will be no objection if conciliator so nominated is a serving employee of

DMRC who would be Deputy HOD level officer and above.

The Employer and the Contractor shall in good faith co-operate with the

Conciliator and, in particular, shall endeavor to comply with requests by the

Conciliator to submit written materials, provide evidence and attend meetings.

Each party may, on his own initiative or at the invitation of the Conciliator,

submit to the Conciliator suggestions for the settlement of the dispute.

When it appears to the Conciliator that there exist elements of a settlement

which may be acceptable to the parties, he shall formulate the terms of a

possible settlement and submit them to the parties for their observations. After

receiving the observations of the parties, the Conciliator may reformulate the

terms of a possible settlement in the light of such observations.

If the parties reach agreement on a settlement of the dispute, they may draw

up and sign a written settlement agreement. If requested by the parties, the

Conciliator may draw up, or assist the parties in drawing up, the settlement

agreement. When the parties sign the settlement agreement, it shall be final

and binding on the parties and persons claiming under them respectively.

The Conciliator shall authenticate the settlement agreement and furnish a

copy thereof to each of the parties. As far as possible, the conciliation

proceedings should be completed within 60 days of the receipt of notice by the

Conciliator.

The parties shall not initiate, during the conciliation proceedings, any arbitral

or judicial proceedings in respect of a dispute that is the subject matter of the

conciliation proceedings.

12.1.6 Termination of Conciliation Proceedings

The conciliation proceedings shall be terminated:

a) by the signing of the settlement agreement by the parties on the date of

agreement; or


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b) by written declaration of the conciliator, after consultation with the parties, to the

effect further efforts at conciliation are no longer justified, on the date of

declaration; or

c) by a written declaration of the parties to the conciliator to the effect that the

conciliation proceedings are terminated, on the date of declaration; or

d) by a written declaration of a party to the other party and the conciliator, if

appointed, to the effect that the conciliation proceedings are terminated, on the

date of declaration.

Upon termination of the conciliation proceedings, the conciliator shall fix the costs of

the conciliation and give written notice thereof to the parties. The costs shall be

borne equally by the parties unless settlement agreement provides for a different

apportionment. All other expenses incurred by a party shall be borne by that party.

12.2 Arbitration

If the efforts to resolve all or any of the disputes through conciliation fails, then such

disputes or differences, whatsoever arising between the parties, arising out of

touching or relating to construction/ manufacture, measuring operation or effect of

the Contract or the breach thereof shall be referred to Arbitration in accordance with

the following provisions:

a) Only such dispute(s) or difference(s) in respect of which notice has been made

but could not be settled through Conciliation, together with counter claims or set

off, given by the Employer, shall be referred to arbitration. Other matters shall

not be included in the reference.

b) The Arbitration proceedings shall be assumed to have commenced from the

day, a written and valid demand for arbitration is received by Managing Director,

Delhi Metro Rail Corp. Rail Limited, New Delhi (MD/DMRC).

c) The disputes so referred to arbitration shall be settled in accordance with the

Indian Arbitration & Conciliation Act, 1996 & amended by the Arbitration &

Conciliation (Amendment) Act, 2015 and any statutory modification or re-

enactment thereof.

Further, it is agreed between the parties as under:

12.2.1 Number of Arbitrators: The arbitral tribunal shall consist of:

i) Sole Arbitrator in cases where the total value of all claims in question added

together does not exceed Rs. 2.00 crores;

ii) 3 (Three) arbitrators in all other cases.

12.2.2 Procedure for Appointment of Arbitrators: The arbitrators shall be appointed as per

following procedure:

i) In case of Sole Arbitrator: Within 60 days from the day when a written and valid

demand for arbitration is received by MD/DMRC, the Employer will forward a

panel of 03 names to the Contractor. The Contractor shall have to choose one

Arbitrator from the panel of three, to be appointed as Sole Arbitrator within 30

days of dispatch of the request by the Employer. In case the Contractor fails to


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choose one Arbitrator within 30 days of dispatch of the request of the Employer

then MD/DMRC shall appoint anyone Arbitrator from the panel of 03 Arbitrator

as sole Arbitrator.

ii) In case of 3 Arbitrators:

a) Within 60 days from the day when a written and valid demand for Arbitration

is received by MD/DMRC, the Employer will forward a panel of 5 names to

the Contractor. The Contractor will then give his consent for any one name

out of the panel to be appointed as one of the Arbitrators within 30 days of

dispatch of the request by the Employer.

b) Employer will decide the second Arbitrator. MD/DMRC shall appoint the two

Arbitrators, including the name of one Arbitrator for whom consent was given

by the Contractor, within 30 days from the receipt of the consent for one

name of the Arbitrator from the Contractor. In case the Contractor fails to

give his consent within 30 days of dispatch of the request of the Employer

then MD/DMRC shall nominate both the Arbitrators from the panel.

c) The third Arbitrator shall be chosen by the two Arbitrators so appointed by

the parties out of the panel of 05 Arbitrators provided to Contractor or from

the larger panel of Arbitrators to be provided to them by Employer at the

request of two appointed Arbitrators ( if so desired by them ) and who shall

act as Presiding Arbitrator. In case of failure of the two appointed Arbitrators

to reach upon consensus within a period of 30 days from their appointment,

then, upon the request of either or both parties, the Presiding Arbitrator shall

be appointed by the Managing Director / DMRC, New Delhi.

d) If one or more of the Arbitrators appointed as above refuses to act as

Arbitrator, withdraws from his office as Arbitrator, or vacates his/their

office/offices or is/are unable or unwilling to perform his functions as

Arbitrator for any reason whatsoever or dies or in the opinion of the

MD/DMRC fails to act without undue delay, the MD/DMRC shall appoint new

Arbitrator /Arbitrators to act in his/their place except in case of new Presiding

Arbitrator who shall be chosen following the same procedure as mentioned

in para (ii)(c) above. Such re-constituted Tribunal may, at its discretion,

proceed with the reference from the stage at which it was left by the

previous Arbitrator(s).

e) The Employer at the time of offering the panel of Arbitrator(s) to be

appointed as Arbitrator shall also supply the information with regard to the

qualifications of the said Arbitrators nominated in the panel along with their

professional experience, phone nos. and addresses to the Contractor.

12.2.3 Qualification and Experience of Arbitrators (to be appointed as per sub-clause

12.2.2 above): The Arbitrators to be appointed shall have minimum qualification

and experience as under:

Arbitrator shall be;

a Working / Retired Officer (not below E-8 grade in a PSU with which DMRC has

no business relationship) of any discipline of Engineering or Accounts / Finance


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department, having experience in Contract Management of Construction

Contracts; or

a Retired Officer ( retired not below the SAG level in Railways ) of any

Engineering Services of Indian Railways or Indian Railway Accounts Service,

having experience in Contract Management of Construction Contracts; or a

Retired Officer who should have retired more than 3 years previously from the

date of appointment as Arbitrator (retired not below E-8 grade in DMRC or a PSU

with which DMRC has a business relationship) of any Engineering discipline or

Accounts / Finance department, having experience in Contract Management of

Construction Contracts or retired judge of any High Court or Supreme Court of

India or reputed Chartered Accountant & should be member of ICAI, New Delhi.

No person other than the persons appointed as per above procedure and having

above qualification and experience shall act as Arbitrator.

12.2.4 No new claim shall be added during proceedings by either party. However, a

party may amend or supplement the original claim or defence thereof during the

course of arbitration proceedings subject to acceptance by Tribunal having due

regard to the delay in making it.

12.2.5 Neither party shall be limited in the proceedings before such arbitrator(s) to the

evidence or arguments put before the Engineer for the purpose of obtaining his

decision. No decision given by the Engineer in accordance with the foregoing

provisions shall disqualify him from being called as a witness and giving evidence

before the arbitrator(s) on any matter, whatsoever, relevant to dispute or

difference referred to arbitrator/s. Neither party shall be limited in the proceedings

before such arbitrators to the evidence nor did arguments previously put before

during settlement through Conciliation proceedings.

12.2.6 It is agreed by both the Parties that in the cases where Arbitral Tribunal is consist

of sole Arbitrator, their disputes shall be resolved by fast track procedure specified

in sub-section (3) of 29B of the Arbitration and Conciliation ( Amendment ) Act ,

2015 or as amended up to date.

12.2.7 If the contractor(s) does/do not prefer his/their specific and final claims in writing,

within a period of 90 days of receiving the intimation from the Employer/Engineer

that the final bill is ready for signature of the contractor(s), he/they will be deemed

to have waived his/their claim(s) and the Employer shall be discharged and

released of all liabilities under the contract in respect of these claims.

12.2.8 Arbitration proceedings shall be held at New Delhi, India and the language of the

arbitration proceedings and that of all documents and communications between

the parties shall be in English.

12.2.9 The Arbitral Tribunal should record day to day proceedings. The proceedings shall

normally be conducted on the basis of documents and written statements. All

arbitration awards shall be in writing and shall state item wise, the sum and

detailed reasons upon which it is based. A model Time Schedule for conduct of

Arbitration proceedings in a period of 180 days / 365 days will be made available

to Arbitral tribunal for their guidance. Both the Parties should endeavor to adhere

to time schedule for early finalization of Award.


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12.2.10 The award of the sole Arbitrator or the award by majority of three Arbitrators as

the case may be shall be binding on all parties. Any ruling on award shall be

made by a majority of members of Tribunal. In the absence of such a majority, the

views of the Presiding Arbitrator shall prevail.

12.2.11 A party may apply for correction of any computational errors, any typographical or

clerical errors or any other error of similar nature occurring in the award of a

tribunal and interpretation of specific point of award to tribunal within 60 days of

the receipt of award.

12.2.12 A party may apply to tribunal within 60 days of receipt of award to make an

additional award as to claims presented in the arbitral proceedings but omitted

from the arbitral award.

12.3 Interest on Arbitration Award

Where the arbitral award is for the payment of money, no interest shall be payable

on whole or any part of the money for any period, till the date on which the award

is made.

12.4 Cost of Conciliation / Arbitration

The fees and other charges of the Conciliator / Arbitrators shall be as per the

scales fixed by the employer from time to time irrespective of the fact whether the

Arbitrator(s) is / are appointed by the Employer or by the Court of law unless

specifically directed by Hon‟ble Court otherwise on the matter, and shall be shared

equally by the Employer and the Contractor. However, the expenses incurred by

each party in connection with the preparation, presentation will be borne by itself.

The latest scale of fee & other charges fixed by DMRC are as per Schedule-D

enclosed.

12.5 Jurisdiction of Courts

Where recourse to a Court is to be made in respect of any matter, the court at

Delhi/ New Delhi shall have the exclusive jurisdiction to try all disputes between

the parties.

12.6 Suspension of Work on Account of Arbitration

The reference to Conciliation / Arbitration shall proceed not withstanding that the

Works shall not then be or be alleged to be complete, provided always that the

obligations of the Employer, Engineer and the Contractor shall not be altered by

reasons of arbitration being conducted during the progress of the Works. Neither

party shall be entitled to suspend the work or part of the work to which the dispute

relates on account of arbitration and payments to the Contractor shall continue to

be made in terms of the Contract.

13. Amendment to Agreement

Modification of the terms and conditions of this Contract, including any modification

of the scope of the Services, may only be made by written agreement between the

Parties.

14.0 Data Protection


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As a matter of trust and confidentiality, DMRC as a party controlling and

administering use of all data of a personal nature that is provided by DMRC or its

commuters to vendor hereunder or is generated in connection with the contract,

vendor shall handle and process such data on behalf of DMRC and shall use such

data only in accordance with the instructions and for the purpose required by

DMRC.

15.0 Failure To Enforce

The failure of either party to enforce at any time any of the provision of this

Agreement shall not be considered to be waiver of the right of such party

thereafter to enforce such provisions.

16.0 Confidentiality

Either party shall not divulge any information relating to the trade of the other party

to any outsider. Upon termination of the Agreement either party shall immediately

return all business documentation or information to the other party.

17.0 Customer Complaints Handling

17.1 Joint complaint addressing machinery shall be set up by both DMRC and the

Vendor and customer problems shall be settled within a reasonable time frame as

per business rules to be mutually decided. The complaint handling mechanism will

also be brought into place to address customer issues.

18.0 Corrupt Practices

18.1 Bidders are expected not to indulge in any corrupt and fraudulent practice. They are

expected to observe the highest standard of ethics during the procurement and

execution of the Contracts. In pursuance of this policy, following definitions are

relevant:

(i) “Corrupt Practice” means the offering, giving, receiving or soliciting of anything

of value to influence the action of a public official in the procurement process or

in execution of the Contracts; and

(ii) “Fraudulent Practice” means misrepresentation of facts in order to influence a

procurement process or the execution of the Contracts to the detriment of

DMRC, and includes collusive practice among Bidders (prior to or after Bid

submission) designed to establish Bid prices at artificial non-competitive levels

and to deprive DMRC of the benefits of free and open competition.

18.2 If it is found that Bidder(s) had engaged in corrupt/ fraudulent practice in securing

and executing the Contracts, DMRC reserves the right:

(a) not to award Contracts to such Bidder,

(b) to cancel the Contracts, if already awarded. In case of cancellation, DMRC

shall be entitled to recover from the Bidder the amount of any loss arising

from such cancellation in accordance with the provisions of the RFP

Document. DMRC shall also have the right to forfeit the Bid Security of such

Bidder, and


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(c) to ban the business dealing with the Bidder who engaged in such practices

either indefinitely or for a specified period of time.

19. Payment and Penalty Terms:

19.1 Fixed Charges: Vendor will pay One time upfront payment to DMRC (Sl No. 1 of

BOQ) within 30 days of signing the contract. This amount is non-refundable.

19.2 End of first year: The contractor will require to meet the target of 1.36 lakhs

transaction by the end of first year of performance evaluation (KD4). If the

contractor achieves/exceeds the target for first year, then he moves to the second

year. In case the contractor doesn't meet the target then the contract gets

terminated at KD4.

19.3 End of second year: The contractor will require to meet the target of 1.36 lakhs

transaction during the course of second year of performance evaluation (KD5). If

the contractor achieves/exceeds the target, then he moves to the third year. In case

the contractor doesn't meet the target then the contract gets terminated at KD5.

19.4 In case any fraud is found at vendor website, vendor will be solely responsible for the

same. The amount will be recovered from vendor.


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SECTION – 5

Scope of Work


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1. Scope of Work

DMRC plans to create online payment ecosystem through Vendor(s) to motivate

metro smart card users to do high value online recharges through third party

website and/or mobile application. .The vendor will incentivize smart card users by

doing marketing campaign so as to motivate them to do high value online

recharges.

DMRC today has an average ridership of 28 lacs passenger daily and a large

number of passenger are using online platform for their ticketing requirements.

The upward scaling of the online ecosystem will increase the customer base on the

vendor‟s platform, thereby increasing the volume of the transaction in vendor other

offerings viz utility bill payment etc.

PPIs should preferably be having Mobile Wallets/Internet wallets, as are easy to

load with multiple top-up options Conveniently tap to pay purchases with certain

merchants.

PPIs issuers have been issuing prepaid payment instruments in the country. In the

emerging scenario, it is imperative to have facilities of payment through wallet in

dmrcsmartcard.com for prepaid payment instruments.

It is envisaged to broaden the PPIs channels of top-up through the following means:

i. Mobile wallet

ii. Internet wallet

iii. Prepaid card

iv. UPI online: User can make a payment by selecting the UPI option

from website/mobile application. UPI online is available for all

three bidder.

v. Integration with DMRC QR code Ticketing

vi. Any other acceptable method of payment for topping up of smart

cards to be submitted along with this tender. The PPIs issuer may

also extend the topping-up services through other methods after

approval from DMRC.

To enable this facility, DMRC will require the assistance of an PPIs (Pre-paid

payment instruments) having approved by RBI. The selected Pre-paid payment

instruments issuers will be required to do the obligations to DMRC as detailed in the

scope of work.

2. Top-Up of CSC through various PPIs (Pre-paid payment instruments)

Channels

The Top-up of CSC shall also be accomplished through various PPIs channels viz.


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I. Internet Payment Gateway (IPG) on DMRC Website

dmrcsmartcard.com

II. PPIs website recharge

2.1 Internet Payment Gateway (IPG) on DMRC Website dmrcsmartcard.com: The

internet payment gateway (wallet) of the PPIs issuer are to be integrated with the

DMRC website for Payment Gateway transactions.

Now when user want to add value in his account, he/she will go to DMRC site, login

into the system, select the option for payment like net banking, credit card/debit

card & select the CSC number (in case more than one CSC is associated with login

ID). The facility has all the security measure as provided for credit/ Debit card/Net

Banking transactions through internet.

Now DMRC wants to introduce Prepaid payments channel in the existing Payment

gateway.

Depending upon the option chosen by the commuter in above, the payment

interface will open up:

The secure login-page of the PPIs and prompt the commuter to enter his

login ID & password; or the code of the prepaid cards.

the amount equivalent to recharge amount will be debited from the wallet

& card will be recharged logically equivalent to the deducted amount.

In the above case the customer is immediately intimated of the success

/failure of the transactions and an electronic acknowledgement of payment is

displayed.(The customer is then returned from the payment Gateway

interface to the DMRC site – thereupon DMRC will also inform the customer

about the successful completion of the online premium payment and issue

him an acknowledgement/ receipt etc.)

PPIs issuer server will send this information (Engraved ID and Add Value

amount) to Add Value Server. After receiving the information of the card Top

up the AVM will send to Add value server which will set the flag against this

card.

DMRC receives the corresponding credit on max. T+1 days on the basis of

successful/failed transactions.

2.2 PPIs Website recharge

The passenger will visits the page of PPIs who are providing online recharge facility

to other vendor like mobile, electricity, Gas bill etc.

The PPIs will have to provide the options of DMRC Smart Card options in the

recharge list of the of their websites/MOBILE APP version.

In case of Online Mobile wallet facility:


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the integration of the Mobile application for wallet with DMRC system is the

responsibility of the PPIs issuer. The interface documents of DMRC System will

be provided at the design stage.

The third party website/mobile app will provide the option of DMRC Smart Card

recharge in following way:

The webpage of the website/mobile app will prompt the commuter to enter his

DMRC Smart Card no. This card number will be verified with the DMRC AVM

server.

The commuter will also enter the amount to be recharged to his DMRC Smart

Card. Current balance in the card will be obtained from the DMRC AVM server.

Max possible recharge amount for this card will be defined on the basis of

current balance in the card.

the amount equivalent to recharge amount will be debited from the debit

card/credit card/netbanking/wallet account/UPI. Card will be recharged logically

equivalent to the deducted amount.

Website server will send this information (DMRC Smart Card no and recharge

amount) to DMRC AVM Server. The format of the information to be send to

DMRC AVM server is as defined in the interface document.

After receiving the information of the card recharge, the DMRC AVM server will

reply the status of the transaction which can be processed, rejected or others.

DMRC will receive the corresponding credit on maximum in T+1 days on the

basis of successful/failed transactions.

The website/mobile app needs to be certified by issuers such as EnTrust,

VeriSign, GeoTrust etc for secure communication between the customers and

their website. The communication between their server and DMRC AVM server

also has be be fully secured as mutually agreed.

The website will follow the standard procedures which may include, but not limited

to sending proper mails to customers with the information ralated to the transaction

initiated by the customers; providing prompt support to the customers etc.

The exact methodology will be finalized at the design stage.

2.3 The services proposed in the above para of section IV - Scope of work, detail different

Top-up functionalities to the CSC. However, DMRC reserves the right to cancel the

tender if the volume of transactions offered by bidders in the tender submission is

very low.

3. The scope of the services to be provided by the Vendor

3.1 Vendor shall be responsible for delivery of service through any of the methods as

defined in section IV (Scope of Work). All issues pertaining to hardware capacity /

software capability at the end of Vendor for delivering these services shall be

addressed by them. Similarly all issues pertaining to any aspect of

software/hardware including translations, modifications, adaptations or derivation of

any application shall also be addressed by Vendor.


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3.2 Software integration between DMRC CCHS/AVM server is done by DMRC.Any

modification at Vendor system is done by Vendor. Vendor will provide detailed

interface/information for development of software required by DMRC vendor.

Vendor shall provide all the software integration between DMRC relevant servers,

Vendor System and leased line management.

3.3 Vendor shall ensure that the communication of topping-up message to CCHS/Add

value server from Vendor system shall be immediate. This is to ensure that the

commuter is able to get value-added to his CSC at the TOM/Add value machine of

metro stations immediately after he/she uses any of the specified vendor channels

for topping-up.

3.4 The Vendor shall credit the amount collected for adding value to the CSC by 10.00

hours on the next day of the transaction (i.e. T+1, where T is day of transaction) to

the designated account of DMRC, along with a statement of account; no deduction

of any nature shall be made from this amount under any circumstances whatsoever,

except when otherwise mutually agreed between the two parties.

3.5 The bidder shall have a Helpdesk for attending to the queries of the DMRC. The

Vendor shall also handle the settlement and payment related queries by the DMRC.

3.6 The Vendor shall furnish periodical reports and other information as per format

mutually agreed upon between the parties in writing hereto.

3.7 Vendor shall be responsible to take clearance from RBI/ any other agency for

settlement of transaction done between Vendor system & DMRC System.

4. The scope of the services that will be provided by the DMRC

4.1 DMRC will nominate a nodal officer to act as the single point of contact during the

period of implementation of works as defined in the scope. The nodal officer will

arrange for required clarification meetings with the agency responsible for execution

of CCHS for the DMRC network.

4.2 DMRC will facilitate the bidders to take any available fixed inventory within DMRC

premises for advertising at prevalent commercial rates.

5. Information and data security measures:

5.1 The Vendor shall take all necessary steps to ensure strict confidentiality of the

information provided by the DMRC, during the contract period, after the contract

expires or is terminated for any reason. The Vendor shall isolate and clearly identify

the DMRC‟s customer information, documents, records and assets to protect the

confidentiality of the information and build strong safeguards so that there is no

mingling of information/documents, records and assets, where the service is provided

to multiple entities from the same Hardware/ Location.

5.2 The Vendor shall not divulge any Data/information received from the DMRC to any

other person/ entity without prior written permission of the DMRC and neither will he

use the data himself for any other purpose without prior written permission from the

DMRC.


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5.3 The Vendor, upon the written request of the DMRC, shall allow the authorized

representatives of the DMRC (including internal/ external auditors acting on its behalf),

Reserve Bank of India or any other Statutory Authority for Inspection, Audit and IS-

Audit purposes at all reasonable times to have access to its records relating to its

performance from time to time and also obtain copies of any audit or inspection or

review reports or findings made on the service provided to the DMRC.

The Vendor shall ensure that websites provides extensive automatic checks that

substantially reduce risk. These include but not limited to:

(i) Duplicate order check

(ii) Frequency of card usage

(iii) Captures IP address of cardholder performing the transaction

5.4 The Internet Payment Gateway shall employ 128-bit encryption or higher levels of

security while communicating between the AFC server and Vendors server to ensure

the security of online transactions.(As per RBI guidelines).

5.5 The Vendor shall employ both software and hardware encryption to ensure the highest

level of security.

5.6 The Switch and Payment Gateway shall have PCI DSS and EMV compliance.

6. Service

6.1 The Vendor shall provide dedicated Relationship Manager to take care of all issues of

DMRC commuters arising out of this contract.

6.2 There shall be a Contact Centre for registering complaints and dispute resolution using

an established Complaint Management System. Dedicated agents shall redress

complaints of all transactions related to this contract.

6.3 Complaint status tracking through internet and SMS shall be enabled.

7. DMRC staff training:

7.1 The Vendor shall also provide training to the staff to help them mitigate the risks

arising out of any misuse of cards.

8. MIS

8.1 Management Information reports may be provided for the transactions done through

Internet /Mobile websites.

8.2 The structure, format and periodicity of the reports can be mutually decided by Vendor

and DMRC.

8.3 The Vendor shall provide web portal for viewing online transaction history/queries with

provision of download of reports.

8.4 The reporting format shall have appropriate filters to retrieve information about specific

time period etc.


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8.5 The transaction trace from settlement record up to channel where transaction

originated will be available – for fraud control.

9. Accounting system:

9.1 Collection / Operation Account :

The funds collected from the process of add-value to DMRC CSC using any of the

Website recharger channels as detailed in this RFP document in a collection /

operation account to be maintained with Vendor.

9.2 Settlement & Reconciliation Procedure

9.2.1 Settlement shall be automatically triggered at pre-defined cut-off time daily.

9.2.2 Post settlement, the Vendor shall process & reconcile all transactions performed via

all delivery channels.

9.2.3 It shall be possible to generate settled and unsettled transaction summary alerts.

For transactions where reconciliation has failed, they will be flagged for reversal /

dispute resolution.

9.2.4 The Daily Settlement Report (DSR) – This daily report provides summary

information of daily settlement amount for DMRC from previous day xxxx to next

day yyyy hours (period to be decided mutually by Vendor and DMRC). A monthly

settlement report will be prepared by 5th of the following month in a format &

procedure to be mutually devised by the vendor & DMRC during the contract period

9.2.5 Post settlement, Vendor shall transfer payment of settlement amount on next day

(T+1) by 12:00 hours. Where T is the transaction date. At all time, vendor will

maintain an advance of Rs 10 lakhs in settlement account.

9.2.6 The daily report format, period and methodology of reconciling transactions shall be

finalized by DMRC with the successful bidder.

10. Key Dates

The Key Dates for completion of Contract is as follows:

KD Activities Dates

KD1 Finalisation of detailed Interface with AFC Vendor DO+6 weeks

KD2 Deployment of Web Based Recharge platform DO+12weeks

KD3 Testing and Commissioning DO+16weeks

KD4 End of 1st year of evaluation DO+68 weeks

KD5 End of 2nd year of evaluation DO+120 weeks

KD6 End of contract DO+ 172 weeks

DO= Date of LOA


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11. Transaction Charges

DMRC will pay 1% of transaction charges for successful transaction with applicable

taxes. Payment for this transaction charges will be done on monthly basis.


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Appendix -A

List of operational Metro stations of Delhi Metro Rail Project.

S.No. Stations

S.No. Stations

1 Dilshad Garden 36 New Delhi

2 Jhilmil 37 Rajiv Chowk

3 Mansrovar park 38 Patel Chowk

4 Shahdara 39 Central Secretariat

5 Welcome 40 Udyog Bhawan

6 Seelampur 41 Lok Kalyan Marg

7 Shastri Park 42 Jorbagh

8 Kashmere Gate 43 INA

9 Tis Hazari 44 AIIMS

10 Pul Bangash 45 Green Park

11 Pratap Nagar 46 Hauz Khas

12 Shastri Nagar 47 Malviya Nagar

13 Inder Lok 48 Saket

14 Kanhaiya Nagar 49 Qutab Minar

15 Keshav Puram 50 Chhattarpur

16 Netaji Subash Place 51 Sultanpur

17 Kohat Enclave 52 Ghitorni

18 Pitam Pura 53 Arjan Garh

19 Rohini East 54 Guru Dronacharya

20 Rohini West 55 Sikandarpur

21 Rithala 56 MG Road

22 Samaypur Badli 57 IFFCO Chowk

23 Rohini Sector - 18 58 Huda City Centre

24 Haiderpur Badli Mor 59 Noida City Centre

25 Jahangirpuri 60 Golf Course

26 Adarsh Nagar 61 Botanical Garden

27 Azadpur 62 Noida Sect 18

28 Model Town 63 Noida Sect 16

29 GTB Nagar 64 Noida Sect 15

30 Vishwavidyalaya 65 New Ashok Nagar

31 Vidhan Sabha 66 Mayur Vihar Ext

32 Civil Lines 67 Mayur Vihar-I

33 Kashmere Gate 68 Akshardham

34 Chandhni Chowk 69 Yamuna Bank

35 Chawri Bazar 70 Indraprastha


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S.No. Stations

S.No. Stations

71 Pragati Maidan 106 Karkar Duma

72 Mandi House 107 Preet Vihar

73 Barakhamba Road 108 Nirman Vihar

74 Rajiv Chowk 109 Laxmi Nagar

75 RK Ashram Marg 110 City Park

76 Jhandewalan 111 Bus Stand

77 Karol Bagh 112 Modern Industrial Estate

78 Rajendra Place 113 Tikri Border

79 Patel Nagar 114 Tikri Kalan

80 Shadipur 115 Ghevra Metro Station

81 Kirti Nagar 116 Mundka Industrial Area

82 Moti Nagar 117 Mundka

83 Ramesh Nagar 118 Rajdhani Park

84 Rajouri Garden 119 Nangloi Rly. Station

85 Tagore Garden 120 Nangloi

86 Subash Nagar 121 Surajmal Stadium

87 Tilak Nagar 122 Udyog Nagar

88 Janak Puri East 123 Peera Garhi

89 Janak Puri West 124 Paschim Vihar (West)

90 Uttam Nagar East 125 Paschim Vihar (East)

91 Uttam Nagar West 126 Madi Pur

92 Nawada 127 Shivaji Park

93 Dwaraka Mor 128 Punjabi Bagh

94 Dwarka 129 Ashok Park Main

95 Dwarka Sector - 14 130 Inder Lok

96 Dwarka Sector - 13 131 Satguru Ram Singh Marg

97 Dwarka Sector - 12 132 Kirti Nagar

98 Dwarka Sector - 11 133 Kashmere Gate

99 Dwarka Sector - 10 134 Lal Quila

100 Dwarka Sector - 9 135 Jama Masjid

101 Dwarka Sector - 8 136 Delhi Gate

102 Dwarka Sector - 21 137 ITO

103 Vaishali 138 Mandi House

104 Kaushambi 139 Janpath

105 Anand Vihar 140 Central Secretariat


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S.No. Stations

S.No. Stations

141 Khan Market 183 Munirka

142 JLN 184 Vasant Vihar

143 Jangpura 185 Shankar Vihar

144 Lajpat Nagar 186 IGD Airport

145 Moolchand 187 Sadar Bazar

146 Kailash Colony 188 Palam

147 Nehru Place 189 Dashrathpuri

148 Kalkaji Mandir 190 Dabri Mor

149 Govindpuri 191 Janak Puri West

150 Okhla 192 Majlis Park

151 Jasola-Apollo 193 Azadpur

152 Sarita Vihar 194 Shalimar Bagh

153 Mohan Estate 195 Netaji Subash Place

154 Tuglakabad 196 Shakurpur

155 Badarpur 197 Punjabi Bagh West

156 Sarai 198 ESI Hospital

157 NHPC Chowk 199 Rajouri Garden

158 Mewala Maharajpur 200 Mayapuri

159 Sector-28 201 Naraina Vihar

160 Badkal Mor 202 Delhi Cantt.

161 Old Faridabad 203 Durgabai Deshmukh South Campus

162 Neelam Chowk Ajronda 204 Sir Vishweshwaraiah Moti Bagh

163 Bata Chowk 205 Bhikaji Cama Place

164 Escorts Mujesar 206 Sarojini Nagar

165 Sant Surdas 207 INA

166 Raja Nahar Singh 208 South Extension

167 Botanical Garden 209 Lajpat Nagar

168 Okhla Bird Sanctuary 210 Trilokpuri

169 Kalindi Kunj 211 Vinod Nagar East

170 Jasola Vihar 212 Vinod Nagar

171 Okhla Vihar 213 I.P. Extension

172 Jamia Milia Islamiya 214 Anand Vihar

173 Sukhdev Vihar 215 Karkar Duma

174 NSIC Okhla 216 Karkarduma Court

175 Kalkaji Mandir 217 Krishna Nagar

176 Nehru Enclave 218 East Azad Nagar

177 Greater Kailash 219 Welcome

178 Chirag Delhi 220 Jafrabad

179 Panchsheel Park 221 Maujpur

180 Hauz Khas 222 Gokulpuri


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181 I.I.T 223 Johri Enclave

182 R.K.Puram 224 Shiv Vihar

Appendix B

Process of TOP UP of Contactless Smart Cards (CSC):

Acquirer Bank application Bank Server - a

AFC CCAFC Add valueServer

Acquirer Bank Server

Internet Payment Gateway

Station Computer

TOM offices

ATMs

DMRC Website

VISA/MasterCard

Bank Server - b

Bank Server - x

Bank Server - y VISA/MasterCardMember Banks

Scenario 2: Top-up of CSC outside DMRC

network

Scenario 1: Top-up and adding value to CSC at TOMs

IVRS

Bank Server - nBank Server - m


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Appendix-C

DEFINITIONS AND ABBREVIATIONS

A. Definitions In this RFP, the following word(s), unless repugnant to the context or meaning thereof, shall have the meaning(s) assigned to them herein below:

1. Contract shall mean the Contract agreement signed with the successful bidder to this RFP for the services or any other agreement entered into between the Parties pursuant thereto

2. CSC stands for Contactless Smart Card, which is Fare media based on technology of contactless proximity cards. These contactless Cards are already in use.

3. Combo-card- A CSC which contains dual interface i.e magnetic/chip interface for Vendor related functionalities of a debit/credit card and a contactless interface for contactless smart card applications.

4. Loading/ Topping-up: Action of encoding monetary value in a CSC. This also implies encoding value on Combo-card.

5. Add-value: Topping up of additional amount to a CSC for increasing resident value in the card to enable performing journey on Delhi Metro Rail network. The value is added/deducted to/from CSC when it is physically brought in the proximity of a CSC reader/writer.

6. Stored value : The monetary value stored in a CSC.

7. Device: Any ATM of Vendor or any other device including POS terminals, Mobile phone, website.

8. TVM/AVMS: Automatic token vending machines at DMRC metro stations for sale of tokens and adding value to CSCs.

9. TOM: Ticket Office Machines provided at Ticket issuing counter in Metro Rail Stations for issuing tokens and CSCs and also perform add value to CSCs.

10. Automatic Gate: Gate provided at the line of separation between paid and unpaid areas of a Metro Station for entry/exit of passengers to/from the platform of a station.

11. Auto Top-Up: Means AFC device is able to do add value on smart card in case value in the card goes below the specification value.

12. Vendor System: Vendor switch / server / connected equipment if any, located at the Vendor premises including network of Vendor viz ATMs etc, POS devices in DMRC and any other related interfacing equipment.

13. Top-up: The process of topping up value to CSCs through any of the devices mentioned above.

14. AFC Contract means formal agreement signed between DMRC and the Automatic Fare Collection System Technology Provider for the AFC Project of DMRC.

15. Bid means the proposal submitted by the Bidder(s) in response to this RFP in accordance with the provisions hereof. Wherever „Tender‟ word is used, it shall mean the same as „Bid‟.


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16. Bidder means an applicant who has submitted the Bid as per notice inviting tender of this RFP document.

17. Bid Security or “Earnest Money Deposit” or “EMD” shall have the meaning ascribed to it in Section III hereof.

18. Bid Process means the process of selection of the Web Based Recharge through competitive bidding and includes release of this RFP document, submission of Bids, scrutiny and evaluation of such Bids as set forth in the RFP.

19. DMRC Engineer means the Engineer responsible for the execution of contract.

20. Effective Date shall mean the date on which the Letter of Acceptance is issued by DMRC.

21. Financial Year shall mean the period starting from April 1stof any given year to March 31st of succeeding year.

22. Letter of Acceptance or “LOA” means the letter or memorandum communicating to the Successful Bidder the acceptance of its Bid.

23. Material Adverse Effect means a material adverse effect of any act or event on the ability of either Party to perform any of its obligations under and in accordance with the provisions of this Agreement and which act or event causes a material financial burden or loss to either Party.

24. Material Breach shall mean a breach by a Party of any of its obligations under this Agreement which has or is likely to have a Material Adverse Effect on the Project and which such Party shall have failed to cure.

25. MasterCard impliesMasterCard

26. OCC shall mean Operation Control Centre of DMRC located at Shastripark.

27. Pre-paid Payment Instruments: Pre-paid payment instruments are payment instruments that facilitate purchase of goods and services, including funds transfer, against the value stored on such instruments.

28. RFP Document or “RFP” shall mean this RFP document and shall include any addendum(s) issued thereto.

29. Successful Bidder or The Vendor shall mean the Bidder, whose Bid is evaluated as the most competitive following the bid evaluation process as set forth in this RFP Document and to whom a Letter of Acceptance is issued subsequently.

30. Vendor means the successful bidder of this RFP.

31. VISA - VISA International

B. Any other term(s), not defined herein above but defined elsewhere in this RFP shall have the meaning(s) ascribed to such term(s) therein and shall be deemed to have been included in this Section.


Page 66 of 92

Appendix-D

Abbreviations

Abbreviation Expanded Form:

3DES -Triple Data Encryption Standard

AFCS- Automatic Fare Collection System

EMD -Earnest Money Deposit

DMRC –Delhi Metro Rail Corporation Limited

INR -Indian Rupee

LOA -Letter of Acceptance

NIT -Notice Inviting Tender

RBI-Reserve Bank of India

RFP- Request for Proposal

DPR - Detailed Project Report

SAM -Secure Access Module

POS - Point of Sale terminals

EDC - Electronic Data Capture

ATM - Automatic Teller Machine

EMV : Europay MasterCard Visa

NFS : National Financial Switch of NPCI

NCR: National Capital Region

IVRS – Interactive Voice Recording System

MIS: Management Information System

CCHS: Central Clearing House System of DMRC


Page 67 of 92

SECTION 6

Form of Tender (FOT) /

(APPENDICES)


Page 68 of 92

APPENDIX- 1

(On Company’s Letter Head)

Letter of Application

(To be submitted and signed by the Bidder‟s authorized signatory)






Sub: RFP for Contract OSR-01/2019 : Selecting Third party websites/ Mobile app for

online and mobile transaction for DMRC smart card recharge.

Sir,

1. Being duly authorized to represent and act for and on behalf

of...…………….(hereinafter referred to as the “Bidder”), and having studied and fully

understood all the information provided in the Bid Document, the undersigned

hereby applies as a Bidder for OSR-01/2019 : Selecting Third party websites/

Mobile app for online and mobile transaction for DMRC smart card recharge.

(hereinafter referred to as “Project”), according to the terms & conditions

provided by DMRC.

2. Our Technical & Financial Bid as per the requisite formats along with the supporting

documents, duly filled and signed on each page are uploaded online on

https://eprocure.gov.in/eprocure/app as specified.

The Tender Security as per RFP have been deposited before dead line of tender

submission as specified in NIT.

3. DMRC and its authorized representatives are hereby authorized to conduct any

inquiries/investigation to verify the statements, documents and information

submitted in connection with the application and to seek clarification regarding any

financial and technical aspects. This letter of application will also serve as

authorization to any individual or authorized representative of any institution referred

to the supporting information, to provide such information deemed necessary and

requested by your selves to verify statements and information provided in the

application or with regard to the resources, experience and competence of the

Bidder.

4. DMRC and its authorized representatives may contact the following persons for any

further information:



Page 69 of 92

Name of the person (s): …………

Address: ……………………………………..

Phone: ……………………..…... Fax: ………………….

5. This application is made with full understanding that:

(a) Bids will be subject to verification of all information submitted at the time of

bidding.

(b) DMRC reserves the right to reject or accept any bid, cancel the bidding

process, and / or reject all bids.

(c) DMRC shall not be liable for any of the above actions and shall be under no

obligation to inform the Bidder of the same.

6. We, the undersigned declare the statements made, and the information provided in

the duly completed application forms enclosed, are complete, true and correct in

every detail.

7. We hereby confirm that we have read, understood and accepted all the detailed

terms and conditions of this RFP and Project related Information as required for the

Bid. We have also visited the Project Site for the assessment and have made our

own due diligence and assessment regarding the Project.

8. We declare that the submission of this Tender confirms that no agent, middleman or

any intermediary has been, or will be engaged to provide any services, or any other

item of work related to the award and performance of this Contract. We further

confirm and declare that no agency commission or any payment which may be

construed as an agency commission has been, or will be, paid and that the tender

price does not include any such amount. We acknowledge the right of the

Employer, if he finds to the contrary, to declare our Tender to be non-compliant and

if the Contract has been awarded to declare the Contract null and void.

9. We agree to keep our offer valid for one hundred eighty (180) days from the date of

submission of Proposal thereof and shall not make any modifications in its terms

and conditions, which are not acceptable to the DMRC and are in violation of the

terms of the Bid Documents. We hereby agree to abide by and fulfill all the terms,

conditions and provisions of the aforesaid documents.

10. This application is made with the full understanding that the validity of bids

submitted by us will be subject to verification of all information, terms and conditions

submitted at the time of bidding and its final acceptance by DMRC. We agree that,


Page 70 of 92

without prejudice to any other right or remedy, DMRC shall be at liberty to forfeit the

entire tender security.

Authorised signatory Date:

Name and seal of Bidder Place:

Encl:

1) The tender security/s as specified in Clause 3.10 for (Rupees

_____________________ only).

2) Power Of Attorney for signing of Application Board resolution authorising the

signatory (Suggested Format at Annexure 8)

3) Memorandum of Association and Article of Association MOA/AOA

4) Relevant Submissions as per the given Form of Tender


Page 71 of 92

APPENDIX – 2


BILL OF QUANTITIES / PRICING DOCUMENT

We, (name of tenderer) hereby undertake that, the bill of Quantities & Schedule of

Payments duly completed in all respect has been uploaded by us in Package 2 (i.e.

Financial Package.)

SIGNATURE OF AUTHORIZED SIGNATORY OF TENDERER


Page 72 of 92

APPENDIX – 3


Format for Financial Proposal

(To be submitted and signed by the Bidder‟s authorised signatory.)






Sub: “RFP for Contract OSR-01/2019: Selecting Third party websites/ Mobile app for

online and mobile transaction for DMRC smart card recharge

Sir,

We hereby submit our Financial Offer for the Project. If the Project is awarded to us, we agree

to make the following payments to DMRC as per the terms given in the Request for Proposal

(RFP) Document.

1. Upfront Money payable to DMRC as quoted in Bill of Quantity excel sheet.

2. In an event, we are the selected bidder, any failure to deposit Upfront Fee and Security

Deposit within 30 days from the issue of LOA would entitle the DMRC to forfeit the tender

security.

3. The arithmetical errors will be rectified on the following basis.. If I/we do not accept the

correction of errors, this Bid will be rejected & tender security will be forfeited.

4. GST on services as applicable and other applicable taxes will also be paid by us/me in

addition to the aforesaid charges.

This offer is being made by us/me after taking into consideration all the terms and conditions

stated in the RFP document, and after careful assessment of the scope of Work, all risks and

contingencies and all other conditions that may affect the financial proposal.

We agree to keep our offer valid for 180 days from the due date of submission of this Proposal.

Authorized signatory Date:



Page 73 of 92

APPENDIX – 4

(Notarized on Stamp Paper of Requisite Value as per Applicable Law)

FORMAT FOR POWER OF ATTORNEY FOR SIGNING OF APPLICATION

Know all men by these presents, we ……………………………………. (name and address

of the registered office) do hereby constitute, appoint and authorise

Mr./Ms…………………..(name and residential address) who is presently employed with us

and holding the position of ………………………….as our attorney, to do in our name and

on our behalf, all such acts, deeds and things necessary in connection with or incidental to

our bid for the Project, including signing and submission of all documents and providing

information/responses to DMRC, representing us in all matters before DMRC, and

generally dealing with DMRC in all matters in connection with our Bid for the Project.

We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney

pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid

attorney shall always be deemed to have been done by us.

For………………………………………….

Accepted

…………………………………. (Signature)

(Name, Title and address) of the Attorney

…………………………………… (Signature)

(Name, Title and Address) of Executant

Note:

The mode of execution of the Power of Attorney should be in accordance with the

procedure, if any, laid down by the applicable law and the charter documents of the

executant(s) and when it is so required the same should be under common seal

affixed in accordance with the required procedure.


Page 74 of 92

APPENDIX - 5

Affidavit

(Notarized on Stamp Paper of Requisite Value as per Applicable Law)

I,, ………………. S/o …………..,resident of ………………., the ……………...(insert

designation) of the ………………..(insert name of the single bidder/consortium/ JV member

if a consortium/ JV), do solemnly affirm and state as follows :

1. I say that I am the authorised signatory of …………..(insert name of company)

(hereinafter referred to as “Bidder”) and I am duly authorised by the Board of

Directors of the Bidder to swear and depose this Affidavit on behalf of the Bidder.

2. I say that I have submitted information with respect to our eligibility for Delhi Metro

Rail Corporation‟s (hereinafter referred to as “DMRC”) Selecting Third party

websites/ Mobile app for online and mobile transaction for DMRC smart card

recharge. (hereinafter referred to as “Project”) Request For Proposal („RFP‟)

Document and I further state that all the said information submitted by us is

accurate, true and correct and is based on our records available with us.

3. I say that, we hereby also authorise and request any bank, authority, person or firm

to furnish any information, which may be requested by DMRC to verify our

credentials/information provided by us under this Bid and as may be deemed

necessary by DMRC.

4. I say that if at any point of time including the Contract Period, DMRC requests any

further/additional information regarding our financial and/or technical capabilities, or

any other relevant information, we shall promptly and immediately make available

such information accurately and correctly to the satisfaction of DMRC.

5. I say that, we fully acknowledge and understand that furnishing of any false or

misleading information by us in our RFP shall entitle us to be disqualified from the

bidding process for the Project. The costs and risks for such disqualification shall be

entirely borne by us.


Page 75 of 92

6. I state that all the terms and conditions of the Request for Proposal (RFP)

Document have been duly complied with.

DEPONENT

VERIFICATION :-

I, the above named deponent, do verify that the contents of paragraphs 1 to 6 of this

affidavit are true and correct to my knowledge. No part of it is false and nothing material

has been concealed.

Verified at ………………………, on this …………………. .day of………….……..,2018.

DEPONENT


Page 76 of 92

Appendix-6


General Information of the Bidder

Legal Name of Firm (Tenderer)

Legal status of the Firm (Tenderer)

Please tick the appropriate category :

1. Sole Proprietorship Firm

2. Partnership Firm

3. Private Limited Company

4. Public Limited Company

Tenderer‟s legal address in India, telephone

numbers, fax numbers, email address for

communication

Tenderer‟s authorized signatory (name,

designation, address, contact no.)

Tenderer‟s authorized representative (name,

designation, address, contact no.)

FOLLOWING NEEDS TO BE SUBMITTED BY THE TENDERER:

a) Affidavit in case of Proprietary firm.

b) Partnership Deed in case of partnership firm.

c) Memorandum & Article of Association in case of a Public/Private limited company.

d) Authorization/Notarised POA in favour of authorized signatory of tenderer to sign the

tender.

Note: Tenderer’s authorised representative shall be deemed to have authority of the

tenderer to receive and deliver any correspondence and attend meetings with DMRC

related to the tender.

Signature of Authorized Signatory _____________________

Name of Authorized Signatory ________________________


Page 77 of 92


Page 78 of 92

Appendix- 7


(Declaration as per Clause 3.5.2 of Eligibility Criteria of RFP)

It is to be declared that M/s………………. have facilities for payment through Credit

card/debit card /net banking or any other method of Payment

Signed

(Name of the Authorised Signatory) Signature of CA/ Statutory Auditors

For and on behalf of (with seal & registration no.)

(Name of the Bidder)

Designation

Place: Date:


Page 79 of 92

Appendix- 8


(Declaration as per Clause 3.5.3 of Eligibility Criteria of RFP)

It is to be declared that M/s………………. has been carrying out minimum 1000 e

commerce transactions per day.

CA certified Transaction statements are enclosed.

Signed

(Name of the Authorised Signatory) Signature of CA/ Statutory Auditors

For and on behalf of (with seal & registration no.)

(Name of the Bidder)

Designation

Place: Date:


Page 80 of 92

APPENDIX – 9


(Undertaking as per Clause 3.5.5 of Eligibility Criteria of RFP)

Regulatory Compliance undertaking

All regulatory compliance shall be fulfilled by us during the contract period.




Page 81 of 92

APPENDIX – 10



Undertaking for Local set-up in Delhi/NCR

We have a local office set-up in Delhi/NCR for operations and support to DMRC at

below Mentioned address:

…………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

(proof of local set-up in Delhi/NCR is enclosed herewith)

OR

At present we don‟t have a local office set-up in Delhi/NCR for operations and

support. Our Registered address is as follows:

…………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

We undertake that M/s ……………………….shall set-up local office in Delhi/NCR

for operations and support to DMRC in case of award of LOA to them for the work

Contract OSR-01/2019: Selecting Third party websites/ Mobile app for online and

mobile transaction for DMRC smart card recharge.




Page 82 of 92

APPENDIX – 11



Details of 2 letters of satisfactory performance of e-commerce services (integration

with other parties) as per clause 3.5.7 of Eligibility Criteria of RFP are as follows:

Sl. Name of Organization Scope

undertaken

satisfactory

performance

Certificate

Customer contact

Name, email & phone

number

Work 1

Certificate is

Enclosed

Work 2

Certificate is

Enclosed




Page 83 of 92

APPENDIX - 12



I hereby declare that our no associate company is bidding for the Contract OSR-

01/2019 : Selecting Third party website/Mobile app for online and mobile

transaction for DMRC smart card recharge.




Page 84 of 92

APPENDIX - 13



I hereby declare that our no subsidiary company is bidding for the Contract OSR-

01/2019 : Selecting Third party website/Mobile app for online and mobile

transaction for DMRC smart card recharge.




Page 85 of 92

APPENDIX- 14


Undertaking for corrupt and fraudulent practice

(As Per Clause 3.15.2 of RFP)

It is confirmed and declared that we, or any of our associate, have not been engaged in any

fraudulent and corrupt practice and that no agent, middleman or any intermediary has

been, or will be, engaged to provide any services, or any other items of work related to the

award and performance of this contract and no agency commission or any payment which

may be construed as an agency commission has been , or will be, paid and that the tender

price will not any such amount.

Stamp &Signature of Tenderer

NOTE:

1. The undertaking shall be signed by authorized signatory of the tenderer .


Page 86 of 92

APPENDIX- 15



UNDERTAKING FOR DOWNLOADED TENDER DOCUMENT

We here by confirm that, we have downloaded / read the complete set of tender documents

/addendum/clarifications along with the set of enclosures hosted on e-tendering portal

[https://eprocure.gov.in/eprocure/app].. We confirm that we have gone through the bid

documents, addendums and clarifications for this work placed upto the date of opening of

bids on the e-tendering portal [https://eprocure.gov.in/eprocure/app]. We confirm that we

have considered for these in our tender submission and our financial bid. We also confirm

our unconditional acceptance to all the terms and conditions of tender document.

STAMP & SIGNATURE OF AUTHORISED SIGNATORY




Page 87 of 92

Appendix- 16


(Undertaking as per clause (As Per Clause 3.15.2 of RFP)

We do hereby undertake that DMRC / Any other Metro Organisation (100% owned

by Govt.), Ministry of Housing and Urban Affairs / Order of Ministry of Commerce,

applicable for all Ministry has not banned business with us as on the date of tender

submission. Also any work of the value more than 10% of NIT cost of work,

executed either individually or in a JV/Consortium, has not been rescinded /

terminated by DMRC / Any other Metro Organisation (100% owned by Govt.), after

award of contract to us during last 3 years (from the last day of the previous month

of tender submission) due to our non-performance.


________________________________________________________________________

_________

Note :

1. The undertaking shall be signed by authorized signatory of the tenderer.


Page 88 of 92

FORM OF TENDER- Appendix- 17 (On Company’s Letter Head)

(Undertaking as per (As Per Clause 3.15.2 of RFP)

(UNDERTAKING FOR NOT BEING PENALISED IN A CONTRACT)

We do hereby undertake that we have been neither penalized with liquidated damages of

10% (or more) of the contract value in a contract due to delay nor imposed with penalty of

10% (or more) of the contract value due to any other reason in the Works awarded by

DMRC / Any other Metro organisation (100 % owned by Govt.) contract of value more than

10% of NIT cost of work executed either individually or in a JV/Consortium during last three

years (from the last day of the previous month of tender submission).


________________________________________________________________________

_________

Note:



Page 89 of 92

APPENDIX- 18


(UNDERTAKING FOR FINANCIAL STABILITY)

(Ref. Clause (As Per Clause 3.15.2 of RFP)

We do hereby undertake that we have not suffered bankruptcy/insolvency during the last 5

years.


________________________________________________________________________

_________

Note:



Page 90 of 92

APPENDIX- 19


Undertaking for disclosure of information under RTI Act

(Ref. (As Per Clause 3.15.2 of RFP)

We are aware that Delhi Metro Rail Corporation Ltd is required to furnish information

to applicants under Right to Information (R.T.I) Act which may include information

pertaining to us. We do hereby giveour unconditional consent to DMRC for providing the

information/records to the applicants as „third party‟ information under R.T.I Act except for

the following matters:

1.

2.

3.

Stamp &Signature of Tenderer

(Each member in case of JV)


Page 91 of 92

APPENDIX- 20

REFUND OF EMD THROUGH NEFT/ RTGS


1. Name of the firm/ Bidder:

2. Complete Address:

3. Name of the Bank:

4. Branch:

5. Address of the Bank Branch:

6. Account Type:

7. Account Number:

8. IFS Code of the bank Branch:

9. MICR Code of the Bank Branch:

10. Whether a cancelled Cheque of the Bidder/Firm submitted: Yes or No (Please

tick)

(A canceled cheque to be enclosed)

Certified that the information furnished above is correct.

Signature of the Authorized person of the

Firm/ bidder with seal & Date


Page 92 of 92

Appendix-21


CHECK LIST FOR TECHNICAL AND FINANCIAL SUBMISSION

Open E-Tender, in Two Bid System for Contract OSR-01/2019 Selecting Third party websites/ Mobile app for online and mobile transaction for DMRC smart card recharge

Name of the Firm/Tenderer : M/s . . . . . . . . . . . . . . . . . . . . . . . .

Sl. No.

Item

Submitted Reference Page No. in

the Technic

al Submitt

al

Yes No

CHECK SHEET FOR TECHNICAL SUBMISSION

1 Tender Cost and Tender security (EMD) Details

1.1 Tender Cost of requisite amount deposited as per NIT.

1.2 Tender security of requisite amount deposited as per NI.

2 NOTARISED POWER OF ATTORNEY

2.1 Copy of Notarised POA/authorization in favour of authorized signatory of tender documents.

2.2 Board Resolution

2.3 Documents of constitution of the legal entity (/ Memorandum and Articles of Association),.

3 DOCUMENTS REQUIRED AS PER CONTRACT

3.1 Letter of Application, Appendix-1.

3.2 Undertaking for submission of duly completed BOQ/ PRICING DOCUMENT, Appendix-2.

3.3 Format for Financial proposal, Appendix-3.

3.4 Format for Power of Attorney, Appendix-4.

3.5 Affidavit, Appendix-5.

3.6 General information about tenderer, Appendix-6.

3.7 Declaration for facilities of payment through Credit card/debit card /netbanking or any other method, Appendix-7


Page 93 of 92

3.8 Declaration for minimum 1000 e commerce transactions per day, Appendix-8

3.9 Regulatory Compliance under, Appendix-9.

3.10 Undertaking for Local set-up in Delhi/NCR, Appendix-10.

3.11 Satisfactory performance of e-commerce services,

Appendix-11.

3.12

Declaration for no associate company bidding, Appendix-

12

3.13

Declaration for no subsidiary company bidding -

Appendix-13

3.14

Undertaking For Corrupt & Fraudulent Practice- Appendix

14

3.15

Undertaking for downloaded tender documents- Appendix-

15

3.16 Undertaking For Not Banned business- Appendix-16

3.17

Undertaking For Not Being Penalized in a Contract-

Appendix 17

3.18 Undertaking For Financial Stability- Appendix 18

3.20

Undertaking for disclosure of information under RTI Act-

Appendix-19

3.21

Details of refund of EMD through NEFT/RTGS- Appendix-

20

3.22 CHECK LIST-Appendix-21

4 ADDITIONAL REQUIREMENTS

4.1 PAN No. submitted by tenderer.

4.2 GST registration number

CHECK SHEET FOR FINANCIAL SUBMISSION

Documents required to be submitted along with the Technical Package

1 Priced Bill of Quantities.

Note: The check list is indicative and not exhaustive. The bidders must go through the complete tender documents and submit the required document accordingly.

I have checked the above list with our submittal. I am also aware that if the application is

not containing the above documents, our application is likely to be rejected.

Seal:

Date:

(Signature of Tenderer)